On September 4, 2024, Governor Kathy Hochul signed the New York Retail Worker Safety Act into law. This landmark legislation is designed to enhance the safety of retail employees by addressing the increasing risk of workplace violence. Effective March 1, 2025, the Act requires retail employers to adopt workplace violence prevention policies, provide regular employee training, and for larger employers, install panic buttons. With compliance deadlines fast approaching, now is the time for employers to start preparing to meet these important requirements.
For additional information regarding the New York Retail Worker Safety Act and to find out how this could impact your business, please contact our Managing Partner, Richard Liu, at richard.liu@consultils.com.
Who Is Affected
The New York Retail Worker Safety Act applies to all retail employers with at least ten employees operating in New York. These businesses, ranging from clothing stores to electronics retailers, will be required to assess potential workplace violence hazards and develop written policies aimed at reducing these risks. Notably, retail employers with 500 or more employees nationwide face additional obligations, including providing access to panic buttons for their New York-based workers by January 1, 2027.
Key Requirements of the Act
1. Develop a Workplace Violence Prevention Policy
By March 4, 2025, retail employers with at least 10 employees are required to have a written workplace violence prevention policy in place. This policy should address potential risks unique to retail environments and outline measures to mitigate those risks.
Key elements to include:
Identification of workplace factors that could increase the risk of violence (e.g., late-night shifts, cash handling, working alone).
Clear procedures for reporting and responding to workplace violence incidents.
A system for employees to raise concerns about safety and violence risks.
Information on federal, state, and local laws related to workplace violence.
Anti-retaliation provisions to protect employees who report violence or testify in related legal proceedings.
Employers must provide this policy in English and in the primary language of each employee to ensure they understand the safety measures in place.
2. Provide Employee Training on Workplace Violence
In addition to developing a policy, retail employers must provide workplace violence prevention training to all employees starting March 4, 2025. This training must be delivered upon hire and then annually to ensure employees are prepared to handle potential incidents.
Training topics should include:
De-escalation techniques for dealing with aggressive customers or co-workers.
Emergency procedures and evacuation plans.
Instruction on the use of panic buttons and other security devices.
Active shooter drills tailored to the retail setting.
Employers must also provide written materials summarizing key training points in each employee's primary language to ensure they fully understand the procedures.
3. Install Panic Buttons for Large Employers
For retailers with 500 or more employees nationwide, the RWSA introduces an additional requirement: the installation of panic buttons by January 1, 2027. These devices must provide employees with a direct link to emergency services in case of a violent incident.
Options for panic buttons include:
Physical panic buttons placed at strategic, easily accessible locations throughout the workplace.
Mobile or wearable panic buttons that employees can carry with them.
When activated, the panic button must contact emergency responders, relay the employee’s location, and dispatch local law enforcement. Employers should begin assessing their options for panic button systems well before the 2027 deadline.
Compliance Timeline
The Act provides retail employers with a 180-day window, until March 1, 2025, to comply with its requirements. Larger employers, those with 500 or more retail employees, must meet the panic button requirement by January 1, 2027. Non-compliance with the Act can result in fines, penalties, and increased liability for employers in the event of workplace violence incidents.
For additional information regarding the New York Retail Worker Safety Act and to find out how this could impact your business, please contact our Managing Partner, Richard Liu, at richard.liu@consultils.com.
Disclaimer: The materials provided on this website are for general informational purposes only and do not, and are not intended to, constitute legal advice. You should not act or refrain from acting based on any information provided here. Please consult with your own legal counsel regarding your specific situation and legal questions.
Richard Liu, Esq. is the Managing Counsel of ILS. He serves clients as a management-side defense lawyer specializing in employment and business litigation. Richard is also an expert on litigation prevention and compliance. He regularly advises Fortune 500 companies and startups on employment, labor, and commercial matters.
Email: richard.liu@consultils.com | Phone: 626-344-8949
*Disclaimer: This article does not constitute legal opinion and does not create any attorney-client relationship.
Comments