New York Retail Worker Safety Act: what retailers need to know

Disclaimer: This article does not constitute legal advice, nor does it contain every detail or requirement of applicable laws. It is provided solely for informational purposes and is not intended to be relied upon as a standalone resource. If you have questions about the law or its implications for your organization, please consult your legal counsel.

What is the Retail Worker Safety Act?

On September 4, 2024, New York Governor Kathy Hochul signed the Retail Worker Safety Act (RWSA) S8358B/A8947C into law. The Act requires covered New York retail employers to, among other things, adopt a workplace violence prevention policy (WVPP), train workers on workplace violence prevention, including on topics such as de-escalation tactics and active shooter drills, and requires covered employers with more than 500 retail employees nationwide to install panic buttons throughout the workplace.

For the retail workers toiling on the front lines, retail violence is a growing concern. A recent survey by the Retail, Wholesale, and Department Store Union (RWDSU) revealed some troubling statistics:

Over 80% of retail workers fear an active shooter scenario.
Nearly two-thirds have experienced verbal harassment or intimidation at work.
Less than 10% felt their employer made safety improvements after violent incidents.
Over 70% said they’d feel safer if they received regular training on how to be safe at work.

Does the Retail Safety Worker Act apply to my business?

If you’re an employer in New York state (including New York City) with at least 10 employees working at a retail store, then yes; this most likely applies to you. The law defines “retail store” as “a store that sells consumer commodities at retail and which is not primarily engaged in the sale of food for consumption on the premises.”

What am I required to do under the RWSA?

New York employers with 10 or more employees working in a retail store must:

Adopt a workplace violence prevention policy (WVPP) that identifies factors that put retail workers at risk of violence, and outlines methods to prevent violence. The WVPP must be provided to employees in writing upon hire and annually thereafter.
Provide annual training for employees on de-escalation tactics, active shooter drills, emergency procedures, use of panic buttons, supervisor responsibilities, and more. The training must be interactive.

Note: if you have more than 500 retail employees nationwide, in addition to adopting a WVPP and providing annual training on workplace violence prevention, you must also install panic buttons at easily accessible locations throughout the building(s).

What does my workplace violence prevention policy (WVPP) need to include?

Your retail workplace violence prevention policy must:

Outline a list of factors or situations in the workplace that might place retail employees at risk of workplace violence, including:
- Working late night or early morning hours
- Exchanging money with the public
- Working alone or in small numbers
- Uncontrolled access to the workplace
Outline methods your organization will use to prevent incidents of workplace violence, such as implementing reporting systems
Include information concerning the federal and state statutory provisions concerning violence against retail workers and remedies available to victims
Clearly state that retaliation against individuals who complain of workplace violence or testify or assist in any proceeding under the law is unlawful

What’s the deadline for compliance?

The effective date of the WVPP and training components of the law is March 3, 2025 (although the effective date is expected to be postponed to June 2, 2025), while the panic button requirements take effect on January 1, 2027.