Sep 18, 2024 General Employment Issues

New York Enacts Retail Worker Safety Act to Protect Employees from Workplace Violence

New York recently passed a law to address the problem of workplace violence. On September 5, 2024, Governor Kathy Hochul signed the “Retail Worker Safety Act,” (the “Act”) requiring retail employers to take certain steps to protect employees from workplace violence. The law does not go into effect until March 3, 2025, but employers should begin preparing to comply now.

Covered Employers

The Act applies to “any person, entity, business, corporation, partnership, limited liability company, or an association employing at least ten retail employees” working in a retail store that “sells consumer commodities at retail and which is not primarily engaged in the sale of food for consumption on the premises.” It does not include governmental entities. 

General Requirements

The law requires that covered employers evaluate what factors might exist in their workplace that could put their employees at risk of workplace violence. Then, covered employers must develop and implement a workplace violence prevention policy and training program that addresses those risk factors. 

A notice containing the policy and information presented at the training must be given to employees upon request and to new employees upon hiring and annually thereafter. The notice must be in English and the language identified by each employee as their primary language so long as the New York Department of Labor (“NYS DOL”) has issued a model policy/training program in that language.

Large employers (over 500 employees nationwide) must also provide panic buttons in the workplace for employees to use in case of emergency.

Workplace Violence Prevention Policy

The employer’s written policy must include the following elements:

  1. Outline the factors or situations present in the workplace that might place retail employees at risk of workplace violence, such as working late night or early morning hours, exchanging money with the public, working alone or in small numbers, uncontrolled access to the workplace, and areas of previous security problems;
  2. Outline the methods the employer will use to prevent incidents of workplace violence, such as making high-risk areas more visible, improving lighting, using drop safes to minimize cash on hand, and establishing incident reporting systems;
  3. Information on federal and state laws that address workplace violence against retail workers and the remedies available to victims, along with a statement that local laws may also apply; and
  4. Statement that retaliation against employees who report workplace violence or the presence of risk factors in the workplace or who testify or assist in a related legal proceeding is unlawful.

Note that the NYS DOL will develop a model policy that employers can use. However, employers can also establish their own policy that meets or exceeds the Act’s requirements. Beginning in 2027 and every four years thereafter, the NYS DOL’s model policy will be reevaluated and updated as needed.

Workplace Violence Prevention Training Program

Training programs must be interactive and include:

  1. Information on the Act’s requirements;
  2. Examples of measures retail employees can use to protect themselves when faced with workplace violence from customers or coworkers;
  3. De-escalation tactics;
  4. Active shooter drills;
  5. Emergency procedures;
  6. Instruction on the use of security alarms, panic buttons, and other related emergency devices;
  7. A site-specific list of emergency exits and meeting places in case of an emergency; and
  8. Information addressing supervisor conduct and responsibilities to address workplace-specific emergency procedures.

As with the policy, the NYS DOL will develop a model training program that employers can use or they may establish their own training program provided it complies with the Act’s requirements.

Panic Button

Employers with more than 500 retail employees nationwide must provide access to a panic button in the workplace, that when pressed, immediately contacts 911, provides the employee’s location, and dispatches law enforcement. Buttons can be stationary and located throughout the workplace, or employees may be given wearable or mobile phone-based buttons. The button cannot be used to track employees except when pressed in an emergency.

Effective Date

The Act goes into effect on March 3, 2025, except for the panic button provision, which is effective January 1, 2027.

Next Steps for Employers

Retailers should stay apprised of continuing developments between now and when the Act goes into effect. They should also review the model policy and training program once it becomes available to determine whether the materials meet their needs. An attorney can assist in evaluating what changes may be needed in advance of March 3, 2025. 

Please feel free to contact any of our employment attorneys if you have any questions or would like our assistance in complying with New York’s new Retail Worker Safety Act.

NOTICE: Material provided on this website has been prepared by Kauff McGuire & Margolis LLP solely for general informational purposes, and it is not intended to and does not constitute legal advice. Material provided on the website is not privileged and does not create an attorney-client relationship with the Firm or any of its lawyers.

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