On September 5, 2024, New York Governor Kathy Hochul signed into law the Retail Worker Safety Act, a bill amending the New York Labor Law to impose certain workplace violence prevention requirements on covered retail employers.

Workplace Violence Prevention Plan

Effective March 4, 2025, employers with at least ten retail employees – defined as employees “working at a store that sells consumer commodities at retail and which is not primarily engaged in the sale of food for consumption on the premises” – will be required to adopt the forthcoming NYS model retail workplace violence prevention policy or establish their own policy that meets or exceeds the minimum requirements set forth in the state’s model.  According to the Act, the model retail workplace violence prevention policy will:

  • 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: (a) working late night or early morning hours; (b) exchanging money with the public; (c) working alone or in small numbers; and (d) uncontrolled access to the workplace;
  • 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;
  • Include information concerning the federal and state statutory provisions concerning violence against retail employees and remedies available to victims of such violence, including a statement that there may be applicable local laws; and
  • 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.

Beginning in 2027 and every four years thereafter, NYS will evaluate the impact of the current model workplace violence prevention guidance document and policy and update such documents as needed.

Workplace Violence Prevention Training

Also effective March 4, 2025, employers with at least ten retail employees must utilize the forthcoming NYS model workplace violence prevention training program or establish their own training program that meets or exceeds the state’s minimum requirements. According to the Act, the training program must be interactive and include, at a minimum: (i) information on the Act’s requirements; (ii) examples of measures retail employees can use to protect themselves when faced with workplace violence from customers or other coworkers; (iii) de-escalation tactics; (iv) active shooter drills; (v) emergency procedures; (vi) instruction on the use of security alarms, panic buttons, and other related emergency devices; (vii) information addressing supervisor conduct and responsibilities, including ways to address workplace specific emergency procedures; and (viii) training on areas of previous security problems.

Panic Buttons

In addition, effective January 1, 2027, employers with 500 or more retail employees nationwide must provide access to panic buttons throughout the workplace(s), defined as “a physical button that when pressed immediately contacts the local 9-1-1 public safety answering point (PSAP) and provides that PSAP with employee location information, and dispatches local law enforcement to the workplace.” Employers may install panic buttons in an “easily accessible” location in the workplace or provide all employees with wearable or mobile phone-based panic buttons, which may only be installed on employer-provided equipment and cannot be used to track employee locations except upon triggering.

Employer Notice Requirements

Finally, beginning March 4, 2025, covered employers must provide the following to all employees upon hire and annually thereafter:

  • A copy of their written workplace violence prevention plan;
  • A site-specific list of emergency exists and meetings places in case of emergency; and
  • A notice, in writing in English and in the language identified by each employee as their primary language; containing the employer’s retail workplace violence prevention policy and the information presented at the workplace violence prevention training program.

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We will continue to monitor and report on further developments regarding the Act.

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Photo of Evandro Gigante Evandro Gigante

Evandro is the go-to employment litigator and counselor when clients face their most challenging, bet the reputation claims, or want to develop policies and practices that mitigate legal risk. As an award-winning partner in the Labor & Employment Law Department, member of the…

Evandro is the go-to employment litigator and counselor when clients face their most challenging, bet the reputation claims, or want to develop policies and practices that mitigate legal risk. As an award-winning partner in the Labor & Employment Law Department, member of the Employment Litigation group, and co-head of the Counseling, Training & Pay Equity group, he represents clients on a variety of labor and employment matters, including allegations of sexual harassment, race, gender, national origin, disability and religious discrimination. In addition, Evandro handles restrictive covenant matters, including non-compete, non-solicitation and trade secret disputes. Evandro also counsels employers through the most sensitive employment issues, including matters involving employer diversity, equity and inclusion initiatives.

With a focus on discrimination and harassment claims, Evandro has extensive experience defending clients before federal and state courts. He tries cases before juries and arbitrators and routinely represents clients before administrative agencies such as the Equal Employment Opportunity Commission, as well as state and local human rights commissions. Evandro often draws on his extensive litigation experience to help clients avoid the courtroom by effectuating positive change in the workplace through impactful anti-discrimination and harassment training, as well as robust employment policies.

Working in a wide range of industries, Evandro has experience representing clients in professional services, including law firms, financial services, including private equity and hedge funds, higher education, sports, media, retail, and others. Evandro also advises charter schools and other not-for-profit organizations on labor and employment matters on a pro bono basis.

Photo of Arielle E. Kobetz Arielle E. Kobetz

Arielle E. Kobetz is an associate in the Labor & Employment Law Department and a member of the Employment Counseling & Training Group. Her practice focuses on providing clients with strategies and counseling related to a variety of workplace-related disputes, including employee terminations…

Arielle E. Kobetz is an associate in the Labor & Employment Law Department and a member of the Employment Counseling & Training Group. Her practice focuses on providing clients with strategies and counseling related to a variety of workplace-related disputes, including employee terminations and discipline, leave and accommodation requests, and general employee relations matters. She also counsels clients on developing, implementing and enforcing personnel policies and procedures and reviewing and revising employee handbooks under federal, state and local law.

Prior to joining Proskauer, Arielle served as a law clerk at the New York City Human Resources Administration, Employment Law Unit, where she worked on a variety of employment discrimination and internal employee disciplinary issues.

Photo of Laura Fant Laura Fant

Laura Fant is a special employment law counsel in the Labor & Employment Law Department and co-administrative leader of the Counseling, Training & Pay Equity Practice Group. Her practice is dedicated to providing clients with practical solutions to common (and uncommon) employment concerns…

Laura Fant is a special employment law counsel in the Labor & Employment Law Department and co-administrative leader of the Counseling, Training & Pay Equity Practice Group. Her practice is dedicated to providing clients with practical solutions to common (and uncommon) employment concerns, with a focus on legal compliance, risk management and mitigation strategies, and workplace culture considerations.

Laura regularly counsels clients across numerous industries on a wide variety of employment matters involving recruitment and hiring, employee leave and reasonable accommodation issues, performance management, and termination of employment . She also advises on preparing, implementing and enforcing employment and separation agreements, employee handbooks and company policies, as well as provides training on topics including discrimination and harassment in the workplace. Laura is a frequent contributor to Proskauer’s Law and the Workplace blog and The Proskauer Brief podcast.