Last year, Governor Kathy Hochul signed into law the Retail Worker Safety Act (Act), one of the most extensive retail workplace violence prevention laws in the nation.
Following an enforcement delay due to a February 2025 amendment to the Act, several of the Act’s mandates will now take effect in under three months.
Effective June 2, 2025, covered employers will be required to (1) adopt a written retail workplace violence prevention policy, (2) conduct a workplace violence prevention training, and (3) satisfy an employee notice requirement. Additionally, starting January 1, 2027, covered employers with 500 or more retail employees in the state of New York will be required to provide their retail employees with access to an emergency “silent response button” at the workplace.
Covered Employers
The Act applies to all employers with at least 10 employees working at a “retail store.” A “retail store” is broadly defined as “a store that sells consumer commodities at retail and which is not primarily engaged in the sale of food for consumption on the premises.”
Retail Workplace Violence Prevention Policy Requirements
Effective June 2, 2025, the Act requires all covered employers to provide their retail employees with a written retail workplace violence prevention policy. The policy must be provided to retail employees at the time of hire and during each workplace violence prevention training thereafter.
The Act also mandates that the policy must satisfy a range of additional requirements. The policy must include, for example:
- A list of situations in the workplace that might place retail employees at risk of workplace violence
- Methods that employers may use to prevent incidents of workplace violence
- Information regarding the federal and state statutory provisions concerning violence against retail workers and remedies available to victims of violence in the workplace
- A statement explaining that retaliation against individuals who complain of workplace violence or the presence of situations in the workplace that might place retail employees at risk of violence is unlawful
Pursuant to the Act, the New York State Department of Labor (NY DOL) must publish a model policy. Covered employers may adopt the model policy or use it as a guide in creating a customized policy.
Workplace Violence Prevention Training Requirements
Effective June 2, 2025, the Act requires all covered employees to conduct a workplace violence prevention training. Covered employers with fewer than 50 retail employees are required to provide the training to their retail employees upon hire and once every two years thereafter. Covered employers with 50 or more retail employees are required to provide the training to their retail employees upon hire and annually thereafter.
The Act mandates that the training must satisfy a range of requirements. The training must include, for example:
- Information on the requirements of the Act
- Examples of measures retail employees can use to protect themselves when faced with workplace violence
- De-escalation tactics
- Active shooter drills
- Emergency procedures
- Instructions on the use of security alarms, buttons, and other related emergency devices
Pursuant to the Act, the NY DOL must develop a model training. Covered employers may adopt the model training or use it as a guide for the creation of a customized training.
Notice Requirements
Effective June 2, 2025, the Act requires covered employers to provide their retail employees with a notice containing the retail workplace violence prevention policy and the information presented during the workplace violence prevention training. Covered employers must provide the notice to their retail employees at the time of hire and during each training thereafter.
Silent Response Button Requirements
Effective January 1, 2027, covered employers with 500 or more retail employees in the state of New York must provide their retail employees with access to a “silent response button.” The silent response button must be programmed such that it requests immediate assistance from a security officer, manager, or supervisor in the event of an emergency. The silent response button must be installed in a location that is easily accessible to employees in the workplace. For example, the button may be placed near the retail employees’ workstations, carried or wearable by the employees, or accessible on the employees’ cellphones.
Key Takeaways
With the June 2, 2025, training, policy, and notice deadline fast approaching, New York retailers should begin preparing to comply with the Act’s mandates. Initial preparations should include:
- Monitoring the release of the NY DOL’s model training and policy
- Analyzing the NY DOL’s model policy and training once they become available to determine whether the materials align with the company’s practices
- Developing a plan for the implementation of the new policy and training
Employers with questions about the Act should consult experienced counsel.
