Hiring in the US: Discussing Salaries Legally.

As cross-border hiring becomes more common, UK employers are increasingly engaging with candidates based in the United States. However, while many recruitment practices are similar, there is one key difference that can carry significant legal and reputational risks: asking about salary history.

In the UK, it's standard practice—and entirely legal—to ask candidates about their current or previous salary. However, if you're recruiting US-based talent, especially in states like California, New York, Massachusetts, and more, asking a candidate about what they currently earn is not only inappropriate—it’s illegal.

Several US states and cities have enacted salary history bans that prohibit employers from asking about a candidate’s compensation history at any stage of the hiring process. The aim is to promote pay equity and prevent past salaries from perpetuating wage gaps.

For UK-based hiring managers and recruiters unfamiliar with these laws, this can present a real compliance pitfall. In this blog, we’ll break down:

• Which questions you can and can’t ask US candidates

• A list of the key states with salary history bans

• How to confidently navigate salary expectation conversations without crossing legal boundaries.

If you’re hiring across the pond, this guide will help you stay compliant, protect your brand, and ensure a smooth and fair candidate experience.

1. Ask About Salary Expectations — Not History

Instead of inquiring about a candidate's current or past earnings, shift the focus to their compensation expectations for the role at hand. This keeps the conversation legal and relevant.

2. Discuss Total Compensation

Frame the discussion around the full compensation package — including base salary, bonuses, benefits, and perks — to ensure everyone is aligned with the full scope of value being offered.

3. Be Transparent About the Salary Range

Openly sharing the salary range for the position upfront can save time and foster trust. By focusing on expectations and the complete compensation package, you can have more productive and equitable salary conversations.

✔ Sample Phrasing You Can Use Legally:

• “What are your salary expectations for this position?”

• “Does the posted salary range align with what you're targeting?”

• “Is there a total compensation range that you’re aiming for, including base, bonus, and benefits?”

✖ Phrasing to Avoid (Not Compliant in NYC):

• “What’s your current salary?”

• “How much did you make in your last role?”

• “Can you share your pay history so we can match or beat it?”

• “What were you earning before this opportunity came up?”

• “What would it take to pull you away from your current compensation package?”

Key States with Salary History Bans:

• California

• Colorado

• Connecticut

• Delaware

• Hawaii

• Illinois

• Maine

• Maryland

• Massachusetts

• Nevada

• New Jersey

• New York

• North Carolina

• Oregon

• Pennsylvania

• Rhode Island

• Vermont

• Virginia

• Washington

• Washington D.C. 

How to confidently navigate salary expectation conversations without crossing legal boundaries

Even if questions are asked casually, they can violate the law. Avoid any phrasing that implies you’re seeking past or current pay details.

By focusing on expectations, transparency, and the value of the role itself, you can stay compliant and competitive in today’s hiring landscape.

If you want to learn more about the legalities of hiring in the US, speak to one of our specialist consultants