New York Poised to Enact New Violence-Prevention Requirements for Retailers

Author: Michael Cardman, Brightmine Senior Legal Editor

June 12, 2024

Retailers in New York may soon face several new requirements designed to prevent workplace violence.

The state legislature recently passed the Retail Worker Safety Act (AB A8947C), which if signed would require employers with 10 or more retail employees to:

Once the bill is delivered to Gov. Kathy Hochul, she will have 10 days to either sign it or veto it. If she takes no action, it will become law by "pocket approval." 

"Employers can and should do more to protect their employees," said Stuart Appelbaum, president of a retail workers' union that supported the bill. "That's why we're championing this critical law, which requires that retail employers take full responsibility to protect their workers from violence."

Business groups, however, said the bill will only "saddle small brick and mortar retailers with more burdens, especially as they battle rampant retail theft."

California recently enacted a similar law, which takes effect July 1.

Violence-Prevention Policies

Starting 180 days after the bill is signed into law, New York retail employers would be required to establish a workplace violence-prevention policy that would:

  • Identify workplace situations that might place retail employees at risk of violence, such as:
    • Working late night or early morning hours;
    • Exchanging money with the public;
    • Working alone or in small numbers; and
    • Working in a workplace with uncontrolled access;
  • Outline methods to prevent violence, such as reporting systems;
  • Include information about state and federal laws concerning violence against retail workers and remedies available to victims; and
  • Clearly state that it is unlawful to retaliate against people who complain about workplace violence or about factors that might place retail employees at risk of violence.

Employers would need to provide a written copy of this policy to workers upon hire and once a year thereafter.

The New York State Department of Labor (NYSDOL) would publish a model policy.

Violence-Prevention Training Programs

Also starting 180 days after the bill is signed into law, New York retail employers would be required to establish an "interactive" workplace violence-prevention training program that would include:

  • Information about the Retail Worker Safety Act;
  • Examples of measures retail employees can use to protect themselves when faced with workplace violence from customers or co-workers;
  • De-escalation tactics;
  • Active shooter drills;
  • Emergency procedures; and
  • Instruction on the use of security alarms, panic buttons, and other related emergency devices.

As with the violence-prevention policies, the NYSDOL would produce a model training program.

Panic Buttons

Effective January 1, 2027, New York employers with 500 or more retail employees nationwide would be required to provide access to panic buttons throughout their workplaces.

The bill defines a panic button as a physical button that, when pressed:

  • Immediately contacts the local 911 public safety answering point (PSAP);
  • Provides that PSAP with employee location information; and
  • Dispatches local law enforcement to the workplace. 

A panic button may be a button that is installed in an easily accessible location in the workplace, or a wearable or mobile phone-based button. If an employer chooses to utilize wearable or mobile phone-based panic buttons, the employer would be required to provide such panic buttons to each of its retail employees.