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October 23, 2024
UPDATE: An amendment to the Retail Worker Safety Act (Act) moves the effective date of the Act from March 3, 2025 to June 2, 2025, giving covered employers another three months to implement workplace violence prevention policies and provide training on them. The amendment also requires New York’s Department of Labor to prepare a template policy and training program in the 12 most common non-English languages spoken by individuals in New York. As to training, retail employers of 50 or fewer employees will have to provide training upon hire and then once every two years (as compared to retail employers of 50 or more employees, who must train at the time of hire and annually thereafter). As to silent response buttons (a requirement that takes effect on January 1, 2027), retail employers of more than 500 employees in New York must provide a silent response button to employees while they are working (the Act previously required retail employers of more than 500 employees nationwide to install panic buttons throughout the workplace). Pursuant to the amendment, the buttons must allow a retail employee to request immediate assistance from a security officer, manager, or supervisor in the event of an emergency, and the buttons may be installed in the workplace at an easily accessible location or as a wearable or mobile telephone button.
On September 4, 2024, New York Governor Kathy Hochul signed Assembly Bill 8947, which is known as the Retail Worker Safety Act (the “Act”). The Act requires employers with retail employees to (1) implement a workplace violence prevention policy; (2) train employees about the prevention of workplace violence; and (3) provide access to panic buttons throughout the workplace where the employer has more than 500 retail employees nationwide. The Act becomes effective on March 3, 2025, although the requirement about panic buttons does not take effect until January 1, 2027.
Who Is Covered?
The Act applies to any person, entity, business, corporation, partnership, limited liability company, or association employing at least ten employees in a retail store. The Act defines a retail store as one that “sells consumer commodities at retail and which is not primarily engaged in the sale of food for consumption on the premises.” In addition, the Act defines a workplace as “any location away from an employee’s domicile, permanent or temporary, where an employee performs any work-related duty in the course of their employment by the employer.”
The Act does not apply to the state, any political subdivision of the state, a public authority, or any other governmental agency or instrumentality.
The Policy Requirement
The Act requires retail employers to implement a workplace violence prevention policy. In this regard, the Act tasks the New York Department of Labor (“NY DOL”) to create a model policy, which will be made available on its website. Employers must adopt the model policy or establish their own policy that meets or exceeds the NY DOL’s minimum standards. The policy must include the following:
The Act requires employers to provide the policy to employees in writing when they are hired and annually thereafter. Employers must provide the policy in English and in the language that the employee identifies as their primary language. The NY DOL will make the model policy available in English and additional languages it deems appropriate based upon the population of the state. If the NY DOL does not provide a model policy in the employee’s primary language, the Act requires the employer to provide the policy to the employee only in English.
The Training Requirement
The Act requires employers to provide workplace violence prevention training to its retail employees. Similar to the policy requirement, the Act requires the NY DOL to develop a model training program. Employers must adopt the model training program or develop their own training program that meets or exceeds the model one. The training program must be interactive and include the following:
Employers must provide this training to employees upon their hire and annually thereafter.
The Panic Buttons Requirement
The Act requires employers with more than 500 retail employees nationwide to provide access throughout the workplace to panic buttons, which would contact the local 911 public safety answering point if pressed. If an employer chooses to utilize wearable or mobile phone-based panic buttons instead of ones at fixed locations, an employer cannot use those devices to track employees except when the panic button is triggered. In addition, employers can install mobile phone-based panic buttons only on employer-provided equipment. The Act tasks the NY DOL with developing rules and regulations to implement this requirement.
Employer Takeaways
Employers with retail employees should monitor the NY DOL’s website for the model documents so they can readily implement them or create their own versions that meet or exceed the NY DOL’s guidelines. In addition, beginning in 2027 and every four years thereafter, the Act requires the NY DOL to evaluate and update its guidance. Therefore, employers should calendar these years to check the NY DOL’s website for updated documents.
This article is designed to provide one perspective regarding recent legal developments, and is not intended to serve as legal advice. Always consult an attorney with specific legal issues.
