[co-author: Zackary Harris]*
On September 4, 2024, Governor Kathy Hochul signed S8358C, the New York Retail Worker Safety Act (RWSA), into law. Through the RWSA, New York state seeks to address growing threats of workplace violence and fears among retail workers regarding their safety in the workplace. New York joins a handful of other states, including California, which have passed similar legislation.
The new law directs New York’s Department of Labor to create a model policy and training program for employers focused on workplace violence.
The model policy should offer employees information regarding (1) factors that may increase the risk of workplace violence, (2) methods employers may utilize to prevent workplace violence, and (3) federal and state regulations, remedies, and protections for employees who report instances of workplace violence.
The training program should educate employees on subjects including, but not limited to, the requirements of the RWSA, personal protective measures employees may take in response to workplace violence, de-escalation techniques, emergency procedures, and the usage of security alarms and panic buttons.
The new law applies to employers with at least 10 retail workers across one or more retail stores, which is defined as any store that sells consumer commodities. However, the definition excludes stores that primarily sell food for consumption on the employer’s premises. Employers that are covered by the RWSA must either adopt the Department of Labor’s model policy and training program or create their own that is comparable in scope and substance. This policy must be provided to every employee upon hiring and on an annual basis thereafter.
Additionally, under the RWSA, employers with over 500 retail employees nationwide are required to install and provide employees access to either a physical, wearable, or mobile “panic button” at the workplace. Upon activation, the panic button should immediately contact local 9-1-1 operators, provide location information, and dispatch law enforcement to the workplace.
These new policy and training requirements are scheduled to take effect 180 days after enactment. Therefore, the RWSA will take effect starting on March 4, 2025. The panic button requirement is scheduled to take effect on January 1, 2027. New York employers should ensure their employment policies and training programs incorporate the RWSA’s new requirements by using the Department of Labor’s eventual model policy and training program as a guide.
* Zackary Harris is a Law Clerk. A Law Clerk is not licensed to practice law and is supervised by Vedder Price P.C. attorneys licensed and in good standing.
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