Navigating New York’s Retail Worker Safety Act

The Act was originally set to take effect in March, however, subsequent amendments to the Act pushed the effective date back to June. Below is a comprehensive overview of the Act’s requirements and what changes employers should expect.

Written Workplace Violence Prevention Policy

First, the Act will task New York’s Department of Labor (NY DOL) with drafting a model policy for preventing violence against retail workers. Specifically, the policy will (1) outline factors or situations with the potential of putting retail employees at risk of workplace violence, such as working late night or early morning hours, handling money, working alone, and allowing uncontrolled access to the workplace; (2) outline methods that employers may use to prevent incidents of workplace violence, such as implementing reporting systems for incidents of workplace violence; (3) include information on federal, state, and local laws regarding violence in the workplace; and (4) clearly state that retaliation against workers who complain is unlawful. Every New York retail employer will be required to either adopt the NY DOL model policy or establish a similar policy that equals or exceeds the NY DOL’s model policy. 

Employee Information and Training 

Next, the NY DOL will also be required to develop a model, interactive workplace violence prevention training program, which must include examples of how employees can protect themselves when experiencing workplace violence (whether from customers or coworkers), de-escalation tactics, active-shooter drills, emergency procedures, and instruction on how to use security alarms. Moreover, the model program must also address supervisor conduct and responsibilities concerning workplace violence prevention. In turn, New York retail employers will be required to use this program or establish one that equals or exceeds these minimum program inclusions of the NY DOL model. The Act as amended requires that New York retail employers with 50 or more employees must provide workplace violence prevention training to new employees upon hire and at least annually after hire. Employers with less than 50 employees must provide training every two years after the initial hire. Moreover, the NY DOL must issue its model training policy in English as well as in the other 12 most common language spoken in the state of New York.

Retail Worker Requests for Assistance

Lastly, the Act will require employers with 500 or more employees statewide to provide their retail employees with a “silent response button to request immediate assistance from a security officer, manager, or supervisor while the employee is working.” The response button can either be installed in the workplace or be provided to employees via a wearable device or employer-provided mobile phone. All New York retail employers are required to comply with this requirement by January 1, 2027.

Next Steps

The NY DOL has not yet released its model training programs. Once these policies are available, businesses must determine whether it is better to adopt the model language or draft their own, similar policies in accordance with the Act. ArentFox Schiff is here to help you navigate compliance with the New York Retail Worker Safety Act and implementing its requirements. We will provide an update once the NY DOL issues the relevant guidance.