Retailers Face New Compliance Requirements: Violence Prevention and Panic Buttons Under New York Law

On September 5, 2024, New York Governor Kathy Hochul signed into law the Retail Worker Safety Act (“Act” and “Legislation”), which in 6 months, will impose a series of new obligations on retail businesses operating in the State. Following California, which in July 2024 enacted legislation requiring retail employers to maintain a Workplace Violence Prevention Plan, New York’s new law is in response to the verbal harassments, threats of violence and physical violence to which retail workers are routinely exposed, according to the Act’s legislative history.

Pursuant to the new law, which becomes effective on March 4, 2025, a covered employer is required to develop, publish and train its employees on a retail workplace violence prevention policy that addresses the risk factors for violence associated with that business. The new policy must include an anti-retaliation provision, which affords protection to those who complain about workplace violence, potential risk factors for violence, or situations that may expose retail workers to the threat of violence in the workplace.

Going a significant step further than California’s legislation, New York’s law imposes an additional obligation on all retail businesses operating in the State with 500 or more employees nationwide. No later than January 1, 2027, all such employers are required to provide their New York-based employees with access to panic alarms throughout the workplace.

WHICH EMPLOYERS ARE COVERED BY THE NEW LAW?

The new Legislation applies to any person or non-governmental entity employing at least 10 employees working for the person or entity at a retail store. A “retail store” is defined by the new law as selling consumer commodities at retail. However, the Act excludes businesses like restaurants, which are primarily engaged in the sale of food to be consumed on their property.

It is important to note that the Act applies to all employees working at a retail store; not only members of the store’s sales force assigned to interact with customers. As a result, an employer should take a broad approach when counting its 10 retail store-based employees to determine the Act’s applicability.

THE REQUIREMENTS FOR A NEW WORKPLACE VIOLENCE PREVENTION POLICY

As of March 4, 2025, a covered employer is required to create a written workplace violence prevention policy that educates its workers how to protect themselves when encountering workplace violence from customers or coworkers.

Pursuant to the Legislation, the New York Department of Labor is tasked with developing and publishing a model policy that an employer is required to adopt, or create its own, which matches or exceeds the standards in the Agency’s sample policy. A workplace violence prevention policy is required to identify risk factors that may expose employees to the potential for violence, such as working late night or early morning hours; exchanging money with customers; working alone or in small numbers; and uncontrolled access to the workplace. Additionally, the policy must also provide workers with information concerning Federal and State laws addressing violence against retail workers and the remedies available to said victims.

The Act also forces an employer to outline methods that it may use to prevent future incidents of violence at its store(s). Along those lines, with the goal of prevention and to place an employer on notice of the extent of the potential problem in its respective store(s), the Act requires a covered entity to develop and implement a reporting system to track workplace violence incidents.

It is important to note that an employer’s new workplace violence prevention policy must also include a provision advising that it is unlawful for the employer to retaliate against any employee that complains about workplace violence, the presence of any risk factors or situations that may place employees at risk for workplace violence, or testify or assist in any proceeding under the law.

Employers must also provide interactive training on its new policies, and also educate its employees on de-escalation tactics; active shooter drills; emergency procedures; and a site-specific list of emergency exits/meetings places in the event of an emergency. This training is to be provided to employees upon hire and on an annual basis thereafter.

During each training and upon hire, an employer is required to provide its workers with a notice containing its workplace violence prevention policy as well as a recap of the information presented during the training. The notice must be in each employee’s identified primary language.

LARGER EMPLOYERS’ OBLIGATION TO PROVIDE ACCESS TO PANIC BUTTONS

As of January 1, 2027, any retail employer with 500 or more retail employees nationwide (regardless of the number of retail employees over 10 working in New York State) is required to provide its employees with access to panic buttons throughout the workplace.

The Act defines a panic button as a “physical button,” that when engaged, immediately contacts local police dispatch, to provide it with the employee’s location information and dispatches law enforcement to the workplace. Panic buttons may be installed in easily accessible locations in the workplace, worn, or “be a button” on an employer-provided mobile phone.

If the employer chooses to utilize wearable or employer-provided mobile phone-based panic buttons, the employer must provide these devices to all of its retail employees. The Act also prohibits the wearable and phone-based panic buttons from “be[ing] used to track employee locations exception when the panic button is triggered.”

BOTTOM LINE

The new Legislation imposes significant new obligations on New York-based retail employers. New York-based retail employers now have less than 6 months to create, disseminate and train on workplace violence prevention policies that address the risk factors associated with their respective retail operations.

Larger retail employers operating in New York State with 500 or more retail employees nationwide, should plan for the significant additional expense associated with purchasing, implementing/installing and training on panic buttons throughout its New York retail workplaces.

For questions or assistance in helping your organization comply with the new Legislation, please contact Paul H. Mazer, Esq., a Partner in the Employment Law & Litigation Practice Group via email here.