Additional Guidance on New York’s Retail Worker Safety Act Is Now Available

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Maria V. Martin

July 18, 2025

New York’s Retail Worker Safety Act (the “Act”) went into effect on June 2.  See our article and update about it here.  The Act requires employers who employ ten or more retail employees in New York to implement a retail workplace violence prevention policy and to train employees on the prevention of retail workplace violence.  In addition, effective January 1, 2027, all retail employers with 500 or more retail employees in New York must provide employees with a silent response button and training on its use.  Recently, the New York State Department of Labor (“NYSDOL”) published guidance to help employers comply with the Act.

Model Policy
The NYSDOL recently published a model retail workplace violence prevention policy on its website.  Covered employers must provide retail employees with a copy of the policy in English.  Employees who identify a language other than English as their primary language must be provided with a translated copy of the policy only if the NYSDOL has provided a translation.  As of now, the NYSDOL has provided the model policy in English, Spanish, and Chinese.  The NYSDOL is expected to provide translations in additional languages.https://dol.ny.gov/system/files/documents/2025/05/nysdol-model-retail-workplace-violence-prevention-policy.docx

The NYSDOL has further advised that if employers develop their own policy, they must provide the policy to the employee in the employee’s primary language if that language is one for which​ NYSDOL has provided a translation.

Model Training Program
The NYSDOL has also published a model retail workplace violence prevention training program.  The training program consists of four training videos and a summary video.  Each of the four training videos is followed by multiple choice questions.  The training program takes about 30 minutes to complete and must be completed in one sitting.  Progress will not be saved if an employee exits the training program and returns to it later.

Employers who utilize this model training program are encouraged to add site-specific or company-specific information to their ​​​t​​​raining, such as:

• A worksite​-​​​specific list of emergency exits or a floor map with emergency exits clearly marked;
• The location where staff should meet in the event of an emergency;
• Instruction on the emergency devices (e.g., fire alarms) that are utilized in the workplace, if any, and how they operate;
• Instructions on the security-related devices utilized in the workplace (e.g. personal response systems or panic alarms) and how they operate;
• Additional store-specific or company-specific emergency procedures; and
• Any history of security problems at their store location and how they should be addressed.

The Act requires the training program to be interactive.  The NYSDOL has clarified that training is interactive if it requires employees to provide input and employees receive a response to the input they provide.  In-person training is not required.  Digital ​training​​ is considered to be interactive.

Finally, employers are required to provide a written template outlining the content of the training program in the employee’s primary language provided the NYSDOL has provided a model template in that language.  However, employers are not required to provide employees with the actual interactive training in their primary language.  The model template is currently available in English, Spanish, and Chinese.

Retail Employees Who Are Encompassed By The Act
The Act applies to all retail employees.  The NYSDOL has clarified that this definition does not mean that employees must sell retail goods.  For example, the Act encompasses a cleaning business that has employees who clean retail stores, even though the employees do not sell retail goods.

Violations of the Act
The NYSDOL has provided information for employees to report violations of the Act or retaliation related to such reports.  Employee may report violations to the NYSDOL by calling 518-457-3839, emailing retailworkersafety@labor.ny.gov, or by completing an online form.

Employer Takeaways
Employers should continue to monitor the NYSDOL’s website for additional information and for additional translations of their model 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.