The New York Retail Worker Safety Act
On September 4, 2024, Governor Kathy Hochul signed into law the New York Retail Worker Safety Act (S8358C/A8947C), a measure designed to enhance the safety of retail workers and address the growing concerns of workplace violence in retail environments. Most provisions of the law will take effect on March 3, 2025, 180 days after its enactment.
Applicability
The law applies to employers with at least 10 retail employees, defined as those working in a retail store for the employer. A “retail store” refers to an establishment that sells consumer commodities at retail and is not primarily engaged in selling food for consumption on the premises.
Key Compliance Requirements for Employers Effective March 3, 2025
Employers subject to the law will be required to implement several safety measures. To support compliance, the New York Department of Labor will publish a retail workplace violence prevention guidance document, along with a model plan and training program.
Workplace Violence Prevention Plan
Employers must adopt a comprehensive workplace violence prevention plan, which should include:
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A list of factors or situations that may place retail employees at risk of workplace violence.
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Methods to prevent incidents of workplace violence.
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Information on federal and state legal provisions regarding violence against retail workers, as well as available remedies for victims.
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A statement that retaliation against employees who complain of workplace violence or the presence of factors or situations in the workplace that might place employees at risk of workplace violence or who testify or assist in proceedings related to the law is unlawful.
Employee Training
Employers must provide training on:
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The requirements of the Retail Worker Safety Act.
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Example of measures employees can use to protect themselves from violence.
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De-escalation techniques.
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Active shooter drills.
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Emergency procedures.
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Instructions on using security alarms, panic buttons, and other emergency devices.
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A site-specific list of emergency exits and designated meeting places in case of an emergency.
Training must be provided upon hire and then annually. Newly hired employees must also receive a notice containing the policy and training information.
Panic Button Requirement Effective January 1, 2027
By January 1, 2027, employers with 500 or more retail employees nationwide will be required to provide access to panic buttons throughout the workplace or equip each employee with a wearable or mobile, company-issued panic button.
Nationwide Trend
The enactment of the New York Retail Worker Safety Act closely follows California’s Workplace Violence Prevention law, which took effect on July 1, 2024. We expect to see an increasing trend in workplace violence prevention laws across the country in the near future.
For more information on developing and implementing workplace violence prevention plans, please contact Rachel Conn and Andrea Chavez. For more information about the new California law, check out our blog and webinar recording on the topic.
The Importance of Hiring an Attorney
The New York Retail Worker Safety Act sets clear requirements for employers, with noncompliance leading to legal and financial risks. An attorney can help businesses fulfill these obligations and avoid costly penalties.
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Compliance Support: An attorney can guide employers through the complexities of the Retail Worker Safety Act, verifying that prevention plans, training programs, and other safety measures are in line with legal requirements.
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Proactive Risk Management: Attorneys can help employers pinpoint vulnerabilities that might lead to violations. Through advice on preventative measures and regular audits, they reduce the risk of non-compliance.
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Managing Legal Disputes: When an incident occurs or a violation is alleged, hiring an attorney is critical to handling investigations and defending your company in legal proceedings.
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Staying Current on Law Updates: An attorney keeps employers informed about any changes to the law, making sure that their safety policies and practices remain compliant as new regulations emerge.
This article is for informational purposes only and does not constitute legal advice. While we strive to ensure accuracy, laws and regulations may change, and unintended errors may occur. This content may not address every aspect of the relevant legal requirements. For guidance on your specific situation, consult your attorney.