Attention New York Retailers! Are You Prepared for the Retail Worker Safety Act That Took Effect on June 2, 2025?
Effective June 2, 2025, employers with ten or more retail employees in New York State (“covered employer”) must comply with the Retail Worker Safety Act (“RWSA”). This law mandates retail employers to:
- Adopt a written workplace violence prevention policy.
- Implement training programs to prevent workplace violence.
- Install panic buttons in retail locations with 500 or more employees nationwide.
Definition of Retail Employee and Retail Store:
A "retail employee" is anyone working in a retail store for an employer, regardless of their specific role. This includes employees of cleaning services who primarily work at retail locations, even if their employer isn't a retail chain and they don't engage in direct retail sales. Note: Non-retail employees (e.g., administrative staff) are not covered (Retail Worker Safety Act Frequently Asked Questions | Department of Labor). A “retail store” refers to an establishment that sells consumer commodities at retail and is not primarily engaged in selling food for consumption on the premises.
Mandatory Policy Components:
At minimum, the RWSA policy must include:
1. A list of factors or situations in the workplace that might place retail employees at risk of workplace violence;
2. Methods the employer may use to prevent incidents of workplace violence;
3. Information about federal and state laws concerning violence against retail workers and remedies available to victims of workplace violence, and a statement that there may be applicable local laws; and
4. A clear statement that retaliation against individuals who complain of workplace violence or risk of workplace violence, or who testify or assist in any proceeding under the law, is unlawful.
Training Requirements:
- New employees must receive workplace violence prevention training upon hire and
- Employers with 50+ retail employees: Annual training.
- Employers with 49 or fewer employees: Training every two years.
- All training time is paid time.
- Training must cover:
- RWSA requirements.
- Measures retail workers can take to protect themselves when faced with workplace violence;
- De-escalation tactics;
- Active shooter events;
- Emergency procedures, emergency exits, and meeting places in the event of an emergency;
- How to use security alarms or buttons and other worksite-specific emergency devices; and
- Responsibilities of supervisors and managers before, during, and after emergency situations, including developing worksite-specific emergency procedures and training on areas of previous security problems.
- The training must be interactive. Employees must be able to provide input during the training and receive a response to the input the employee provides.
New York State Department of Labor (NYSDOL) Guidance:
Covered employers must provide all retail employees with a copy of the workplace violence prevention policy and a workplace violence training template in English. Employees who identify a language other than English as their primary language must be provided with a translated copy only if the NYSDOL has provided a translation. If an employee’s primary language is not one of the languages for which the NYSDOL has provided a translation, an employer can provide an English version. Notably, employers are only required to provide a written template outlining the content of their workplace violence prevention training in the employee’s primary language, not a translated version of the interactive training itself.
While maintaining records of workplace violence incidents isn’t mandatory, the NYSDOL recommends it to identify trends.
Filing Complaints:
The NYSDOL has provided avenues for employees to file complaints related to workplace violence or retaliation. Employees may report these complaints via email, phone, or an online complaint form. The form also provides an option for an employee to lodge a complaint against a covered employer if there is no workplace prevention policy or training program, or if they have not received the policy or training.
Covered employers should prepare for compliance and expect enforcement from the NYDOL.
