New York joins California, Illinois, Maryland, and New Jersey as the latest state to enact legislation geared towards protecting retail workers from threats of harm and violence. New York retail employers should be aware of the precautionary measures and safety procedures that must be implemented in accordance with the new legislation—the Retail Worker Safety Act (RWSA), which was signed into law in early September. Under the RWSA, employers must implement a violence protection plan and conduct annual training for all employees.

Notably, the new law mandates that employers with 10 or more employees must have a written “workplace violence prevention plan” that outlines specific situations that often place retail workers at a higher risk for workplace violence including working alone, working during the early morning or late nights, and exchanging money with the public. The written policy should also:

• outline how employers will prevent incidents of workplace violence, such as by installing good external lighting and providing conflict resolution training.
• identify or establish a system that employees can use to report workplace violations to management. 
• include information regarding federal and state statutes concerning violence against, and remedies available to, retail workers. 
• state that retaliation against employees who complain about concerns of workplace violence is prohibited.

Employers must also provide annual training regarding requirements under the RWSA; de-escalation techniques; active shooter drills; emergency procedures; and a list of site-specific emergency exits and meeting places in the event an emergency occurs. Employees, including new hires, should also receive from employers written notice outlining the workplace violence prevention plan and training information. The notice should be in English and any other language that is the primary language(s) for the employees.

Within the next few months, the New York Department of Labor will provide a model policy and training program for employers to emulate; employers must implement these requirements by May 4, 2025.

Further, beginning January 1, 2027, employers with 500 or more retail workers nationwide must (1) provide employees access to on-site “panic buttons”—a term which is defined in the statute as “a physical button that when pressed immediately dispatches local law enforcement to the workplace”— or (2) provide employees with wearable panic buttons or mobile phone-based panic buttons. If an employer elects to use the mobile phone-based panic button option, it must be installed on an employer-provided device.

Employers with questions about the RWSA should contact Masallay Komrabai-Kanu or one of Ice Miller’s lawyers in the Workplace Solutions Group.

This publication is intended for general information purposes only and does not and is not intended to constitute legal advice. The reader should consult with legal counsel to determine how laws or decisions discussed herein apply to the reader's specific circumstances.