It's illegal to ask for that information in New York state :). Employers do not have a right to ask :)

Higher end salaried positions never ask for how much you make. Nor should you ever answer that question. I think this may be a thing for hourly jobs or entry level salaried jobs. But I've never been asked how much I made.

Background checks do not verify salaries. Only verify that you actually worked where you said you worked.