Employers with ten or more retail employees in New York State (Covered Employers) will now have to comply with the New York Retail Worker Safety Act (the Act). The Act, effective June 2, 2025, requires that Covered Employers develop and adopt a retail workplace violence prevention policy and provide their retail employees with retail workplace violence prevention training. Starting Jan. 1, 2027, the law will also require employers with 500 or more retail employees in New York State to provide employees with, and train employees on how to use, a silent response button to request immediate assistance in case of an emergency.

Employees are considered “retail employees” under the Act if they work at a “retail store,” defined as any store that sells consumer commodities directly to the public at retail. The New York Department of Labor (NYDOL) clarified, in recent guidance, that the Act does not cover non-retail employees working for a retailer (e.g., marketing or administrative support employees). The Act also specifically excludes businesses that primarily sell food to be eaten on-site, like restaurants. The NYDOL, however, advised that the Act would cover non-retail businesses that provide services at retail stores, such as maintenance or cleaning service providers.

Retail Workplace Violence Prevention Policy

Covered Employers must adopt a retail workplace violence prevention policy to be provided to each employee, in writing, upon hire and each year after, in each employee’s primary language.

The NYDOL recently published a model policy. The policy exceeds the minimum requirements of the Act, which states that an employer’s retail workplace violence prevention policy must include:

• a list of factors or situations in the workplace that might place retail employees at risk of workplace violence;
   
• methods the employer may use to prevent incidents of workplace violence;
   
• information about federal and state laws concerning violence against retail workers and remedies available to victims of workplace violence, and a statement that there may be applicable local laws; and
   
• a clear statement that retaliation against individuals who complain of workplace violence or risk of workplace violence, or who testify or assist in any proceeding under the law, is unlawful.

Retail Workplace Violence Prevention Training

Covered Employers must also provide interactive retail workplace violence prevention training to all retail employees upon hire. Thereafter, employers with 50 or more retail employees must provide the training again each year. Employers with 10-49 retail employees must provide the training every two years.

NYDOL guidance confirmed that while the training does not have to be in-person to be considered interactive, the training must require the employee to provide input and receive a response. A written copy of the training materials must be provided to employees at the time of training for employees to keep.

The NYDOL also published model training materials, as well as a free interactive training module that may be used by employers. The model training does not include store- or employer-specific information—the employer must supplement their training with this information.

Employers have the option to use the model training provided by the NYDOL. If employers choose to develop their own training, the training must minimally include information and instruction on:

• the requirements of the Retail Worker Safety Act;
   
• measures retail workers can take to protect themselves when faced with workplace violence;
   
• de-escalation tactics;
   
• active shooter events;
   
• emergency procedures, emergency exits, and meeting places in the event of an emergency;
   
• how to use security alarms or buttons and other worksite-specific emergency devices; and
   
• responsibilities of supervisors and managers before, during, and after emergency situations, including developing worksite-specific emergency procedures and training on areas of previous security problems.

Takeaways

• To comply with the Act, Covered Employers should develop and adopt a retail workplace violence prevention policy and training and provide the policy and training to employees upon hire and as required by law thereafter.
   
• Employers in New York who are providing sexual harassment training annually may consider providing the workplace violence prevention training when they provide harassment training.
   
• Likewise, if an employer maintains an employee handbook, they may want to consider including a copy of the retail workplace violence prevention policy. If, however, the employee handbook is not updated and reissued annually, employers should ensure that the retail workplace violation prevention policy is separately provided again to employees each year.