New York Retail Employers Must Implement Workplace Violence Prevention Policies and Annual Training Starting in March 2025

Retail employers in New York state will be required to issue workplace violence prevention policies and conduct annual workplace violence prevention training beginning March 3, 2025, under the New York Retail Safety Act signed by Governor Hochul on September 4, 2024. Larger retailers with 500+ retail employees will also be required to install panic buttons throughout their stores or on equipment provided by the employer to its retail employees effective January 1, 2027.

The act creates one of the most comprehensive workplace violence laws in the country for retail employees. It comes on the heels of California's recently enacted workplace violence act, which also requires employers in a number of industries to implement workplace violence prevention plans.

Retailers With 10+ Employees

The act covers all employers with at least 10 retail employees who work at a retail store, which is defined broadly 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."

Written Workplace Violence Prevention Policies – the act requires employers to assess potential workplace violence hazards and adopt written workplace violence prevention policies that address risk factors and prevention methods. Notably, the act requires the Department of Labor ("DOL") to create and publish a model retail workplace violence prevention guidance document and retail workplace violence prevention policy. The model policy will:

1. 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:
   1. Working late-night or early-morning hours;
   2. Exchanging money with the public;
   3. Working alone or in small numbers; and
   4. Uncontrolled access to the workplace.
2. Outline methods that employers may use to prevent incidents of workplace violence, including, but not limited to, establishing and implementing reporting systems for incidents of workplace violence.
3. Include information concerning the federal and state statutory provisions concerning violence against retail workers and remedies available to victims of violence in the workplace and statement that applicable local laws may exist.
4. Clearly state that retaliation 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 who testify or assist in any proceeding under the law, is unlawful.

Employers subject to the act are required to adopt the model policy or to implement their own policy that equals or exceeds the minimum standards set forth in the statute and the model policy. Accordingly, in the event an employer enacts a workplace violence prevention policy before the DOL issues its model policy, it is important that the policy satisfy these statutory elements.

Moreover, the workplace violence prevention policy must be provided to all employees in writing upon hire and annually thereafter.

Workplace Violence Prevention Training – the act mandates that employers conduct interactive workplace violence prevention training, a model of which will be published by the DOL. Employers subject to the act must utilize the model training or establish training that equals or exceeds the minimum standards provided by the model. Importantly, the training must be interactive and include, but not be limited to:

1. Information regarding the requirements of the act;
2. Examples of measures retail employees can use to protect themselves when faced with workplace violence from customers;
3. De-escalation tactics;
4. Active-shooter drills;
5. Emergency procedures;
6. Instructions on the use of security alarms, panic buttons, and other related emergency devices;
7. Supervisor conduct and additional responsibilities for supervisors to address workplace-specific emergency procedures; and
8. Identification of a site-specific list of emergency exits and meeting places in case of emergency.

The workplace violence prevention training must be provided upon hire and on an annual basis thereafter.

Written Notice – the act mandates that employers provide retail employees upon hire and at each annual training a written notice in English and in the language identified by each employee as their primary language (so long as the DOL has issued a model in that language). If the DOL has not issued a model in an employee's primary language, the employer may provide an English-language notice.

These requirements are effective March 3, 2025.

Retailers With 500+ Employees

Effectively January 1, 2027, employers with 500 or more employees nationwide will be required to install panic buttons in their New York locations. Under the act, employers must either install buttons throughout their stores or provide wearable or mobile phone-based panic buttons to employees. If the employer chooses to utilize wearable or mobile phone-based panic buttons, the employer must provide such panic buttons to all retail employees. When activated, the button would alert the local 9-1-1 public safety answering point, relay the employee's location, and dispatch local law enforcement to the site.

Notably, the act prohibits wearable and mobile phone-based panic buttons from being installed on the employee's personal equipment and from "be[ing] used to track employee locations except when the panic button is triggered."

Employer Takeaways

Employers with retail operations in New York are encouraged to start preparing their policies and employee training procedures. We will continue to monitor the act and the DOL's issuance of the model policy and training.

If you have any questions about your company's compliance with the new requirements, please contact DWT's employment services attorneys, who are available to advise and assist.