New York Governor Kathy Hochul signed the Retail Worker Safety Act (“RWSA”) into law earlier this month, extending workplace safety measures applicable to many retail employers statewide. The RWSA, which applies to any employer with 10 or more employees selling consumer goods (not including food to be consumed on premises), requires covered employers to develop and implement protocols aimed at preventing violence in the workplace. The RWSA is anticipated to take effect March 4, 2025.

The RWSA imposes a number of requirements, including the following:   

• Written Workplace Violence Prevention Policy. Employers must enact a policy that, at a minimum, includes the following information: (i) factors or situations in the work place that may place a retail employee at a risk of workplace violence, (ii) methods for the prevention of workplace violence, (iii) federal and state statutory provisions concerning violence against retail workers and remedies available to victims of violence in the workplace, and (iv) a statement that retaliation against an individual who complains of workplace violence or related matters is unlawful. The New York Department of Labor (“DOL”) will issue a model workplace violence policy, which employers may elect to adapt to their business.

• Employee Training. Employers must conduct interactive violence prevention training with all new hires and annually thereafter. Employers may utilize a model training program created by the DOL or establish their own training program that meets or exceeds the minimum standards set forth by the DOL.

• Policy Notice. Employers must provide all new hires with a written notice detailing the violence prevention policy and the information presented at the workplace violence training program.

• Panic Buttons. Beginning January 1, 2027, large retail employers (those with 500 or more employees nationwide) are required to provide access to panic buttons throughout the workplace. The panic button must be a physical button located in the store, or a wearable or mobile based panic button, that immediately contacts local 911 operators to dispatch law enforcement.

New York retail employers must work to ensure compliance with the RWSA in preparation for the portions that go into effect in March 2025. MHS’s attorneys are available for consultation if you want to ensure that you are compliant or have more specific questions.