New York Governor Kathy Hochul recently added to the New York State Labor Law by signing a bill titled “the New York Retail Worker Safety Act” (“RWSA”). The State Legislature crafted the RWSA to promote retail worker safety and combat the growing threat of violence in the workplace.
The RWSA mandates certain employers in the retail industry to establish and enforce a written workplace violence policy, hold an annual workplace violence prevention training program, and integrate a panic button system into their space, which employees can utilize to trigger a 911 response if there is an imminent threat of violence against one of their colleagues. Additionally, the RWSA requires the Department of Labor (“DOL”) to produce a model workplace violence prevention policy and training program, which employers may adopt and use as their own.
Who is Considered a Covered Employer Under the RWSA?
Under the RWSA, covered employers include any person, entity, corporation, partnership, limited liability company or association employing at least 10 retail employees who sell consumer commodities in a retail store, except for employers who primarily sell food for consumption on their premises. Additionally, the RWSA does not apply to state employers, any political subdivision of the state, a public authority or any other governmental agency or instrumentality.
Required Workplace Violence Prevention Policy – Effective March 4, 2025
The RWSA provides that covered employers must adopt a workplace violence prevention policy and provide a written copy to all employees upon hire and annually thereafter. This policy, at a minimum, must address four main points:
(i) First, the policy must outline a list of factors or situations in the workplace that might place retail employees at risk of workplace violence, including, but not limited to,:
- Working late night or early morning hours;
- Exchanging money with the public;
- Working alone or in small numbers; and
- Uncontrolled access to the workplace.
(ii) Second, the policy must outline methods the employer may use to prevent incidents of workplace violence, including, but not limited to, establishing and implementing reporting systems for incidents of workplace violence.
(iii) Third, the policy must include information concerning the federal and state statutory provisions concerning violence against retail workers and remedies available to victims of violence in the workplace, as well as a statement that there may be applicable local laws.
(iv) Fourth, the policy must clearly state it is unlawful to retaliate against individuals who complain of workplace violence or the presence of factors or situations in the workplace that might place retail employees at risk of workplace violence, or those who testify or assist in any proceeding under the law.
In lieu of employers creating their own policy, the RWSA provides covered employers with the option to implement the DOL’s model retail workplace violence prevention policy. As of today, there is no set date for the release of the model policy; however, the RWSA provides that it shall be made publicly available on the DOL’s website.
Workplace Violence Prevention Training Program – Effective March 4, 2025
In addition to implementing a workplace violence prevention policy, covered employers must also establish an interactive workplace violence prevention training program and provide it to all retail employees upon hire and annually thereafter. The RWSA mandates that a retail employer’s workplace violence prevention training program includes, at a minimum, eight core concepts:
(i) Information on the requirements of this section;
(ii) Examples of measures retail employees can use to protect themselves when faced with workplace violence from customers or other coworkers;
(iii) De-escalation tactics;
(iv) Active shooter drills;
(v) Emergency procedures;
(vi) Instruction on the use of security alarms, panic buttons and other related emergency devices;
(vii) Information addressing conduct by supervisors and any additional responsibilities for such supervisors, including ways to address workplace-specific emergency procedures and training on areas of previous security problems; and
(viii) Instruction on site-specific emergency exits and meeting places in case of emergency.
Similar to the workplace violence prevention policy, as discussed above, the RWSA also permits employers to utilize the DOL’s model training program. As of today, there is no set date or location where the DOL’s model training program will be released; however, it will likely be released on the DOL’s website at the same time the model workplace violence prevention policy is released.
Panic Button Requirement – Section 27(e)(5) – Effective January 1, 2027
Section 27(e)(5) of the RWSA provides an additional requirement for employers with five hundred or more retail employees nationwide. These employers must provide access to panic buttons throughout the workspace, which, if activated by an employee, immediately contacts the local 9-1-1 answering point and dispatches local law enforcement to the workplace. Employers can choose to utilize either stationary or wearable/mobile phone-based panic buttons.
If an employer chooses to utilize wearable or mobile phone-based panic buttons, such an employer shall be required to provide such panic buttons to each of their retail employees. Additionally, mobile phone-based panic buttons may only be installed on an employer-provided phone. These devices may not be used to track an employee’s location except when the panic button is triggered.
Covered employers should review their policies and prepare for compliance with RWSA’s requirements. The workplace violence prevention policy and training program requirements goes into effect on March 4, 2025, and the panic button requirement goes into effect January 1, 2027.
Should you have questions or need advice, please reach out to Harris Beach’s New York Labor and Employment Practice Group: attorney Daniel J. Moore at (585) 419-8626 and dmoore@harrisbeachmurtha.com; attorney Scott D. Piper at (585) 419-8621 and spiper@harrisbeachmurtha.com; attorney Daniel J. Palermo at (585) 419-8946 and dpalermo@harrisbeachmurtha.com; or the Harris Beach attorney with whom you most frequently work.
This alert does not purport to be a substitute for advice of counsel on specific matters.
Harris Beach has offices throughout New York State, including Albany, Buffalo, Ithaca, Long Island, New York City, Rochester, Saratoga Springs, Syracuse and White Plains, as well as New Haven, Connecticut, Washington, D.C. and Newark, New Jersey.
