New York State Enacts Retail Worker Safety Act

The Retail Worker Safety Act (S. 8358B) applies to each retail employer in New York with at least 10 employees working at a retail store. Retail employers are defined as those “sell[ing] consumer commodities at retail and … not primarily engaged in the sale of food for consumption on the premises.”

The Act's Requirements

The act requires that covered retailer employers adopt and implement a workplace violence prevention policy, annual workplace violence prevention training for employees, and create a panic button system employees can use to trigger an alert if they believe they or a colleague is in an unsafe situation. While some retailers may already use some of these measures, the new law makes it mandatory to implement the policy and training by March 3, 2025. Employers then have until Jan. 1, 2027 to roll out the panic button system.

Workplace Violence Prevention Policy

Retail employers must create and distribute a workplace violence prevention policy to all retail employees that describes factors or situations that place retail employees at risk of workplace violence. The act states that those situations include, but are not limited to, the following:

• working late night or early morning hours;
• exchanging money with the public;
• working alone or in small numbers; and
• uncontrolled access to the workplace.

The policy also needs to explain how employees can report incidents of workplace violence, include information about laws concerning violence against retail workers, cover potential remedies available to employees who are victims of workplace violence, and state that retaliation against individuals who report workplace violence is unlawful.

The policy must be provided in English and in the employee’s primary language first upon hire and then at every annual workplace violence prevention training.

Workplace Violence Prevention Training

The act requires retail employers to provide annual workplace violence prevention training for all retail employees and requires that the training be interactive and include “measures that retail employees can use to protect themselves when faced with workplace violence.”

The act defines these measures as including, at least, the following:

• de-escalation tactics;
• active shooter drills;
• emergency procedures; and
• instruction on the use of security alarms, panic buttons, and other related emergency devices.

As part of the training, employers must also communicate to employees a site-specific list of emergency exits and meeting places in case of emergency.

Employers must provide this training to all retail employees “upon hire and on an annual basis thereafter.”

Panic Buttons

Retail employers with more than 500 retail employees nationwide must additionally provide access to panic buttons “throughout the workplace.” An employer can also choose to utilize wearable or mobile phone–based panic buttons; however, they must be provided to each retail employee. The act further provides that mobile phone–based panic buttons may only be installed on employer-provided equipment, and wearable panic buttons cannot not be used to track employee locations, except when the panic button is triggered.

Effective Dates and Next Steps

New York retail employers should continue to monitor for compliance guidance. The New York Department of Labor (NYDOL) will create a model policy and training as required by the act. Employers may either use the state templates or create their own that meets or exceeds the minimum standards provided in the sample version.

The NYDOL will likely also create guidance to support employers with compliance that may include some clarifications to the law.

Leni Battaglia is a partner at Morgan Lewis & Bockius, an international law firm that provides corporate, transactional, litigation, and regulatory services across all industries.

Ashley Hale is a partner at Morgan Lewis & Bockius.

Daniel Kadish is of counsel at Morgan Lewis & Bockius.

Carolyn Corcoran is an associate at Morgan Lewis & Bockius.