The Retail Worker Safety Act (the “Act”), originally signed into law on September 4, 2024, has been amended through legislation signed by Governor Kathy Hochul on February 14, 2025. These changes impact how New York retail employers address workplace violence prevention and emergency response measures, particularly regarding panic button requirements.
For context, under the Act, a “retail store” is defined as a store that sells consumer commodities at retail and is not primarily engaged in the sale of food for consumption on the premises. “Retail employees” are individuals working at a retail store for an employer.
With an effective date of June 2, 2025 (previously March 2025), employers should begin preparing now to comply with the amended provisions. Below, we outline the key changes and steps employers should take to ensure compliance.
Key Changes in the Amended Retail Worker Safety Act
- Silent Response Button Requirement Adjustments – Originally, employers with more than 500 retail employees nationwide were required to provide panic buttons that directly contacted local 911 services. The amendment modifies this requirement, applying it instead to employers with 500 or more retail employees statewide and mandating the use of silent response buttons instead of direct law enforcement contact. These silent response buttons must alert a security officer, manager, or supervisor in case of an emergency.
- Workplace Violence Prevention Training Adjustments – Previously, all covered employers were required to provide workplace violence prevention training upon hire and annually. Under the amendment:
- Employers with 50 or more retail employees must continue providing annual training.
- Employers with fewer than 50 retail employees must provide training every two years after the initial hire.
- Language Accessibility Requirements – The New York Department of Labor (DOL) is now required to prepare the model training policy and program in the 12 most common non-English languages spoken in New York, based on U.S. Census Bureau data.
- Regulatory Discretion Adjustments – Previously, the Commissioner of the DOL was required to adopt rules and regulations interpreting the law. The amendment makes this discretionary, meaning the Commissioner may, but is not required to, issue additional regulations.
Next Steps for Employers
With the new provisions taking effect in June 2025 and the silent response button requirement set for January 1, 2027, now is the time for New York retail employers to assess their workplace violence prevention strategies. By proactively updating policies, implementing necessary technology, and ensuring proper training, employers can create a safer work environment while remaining compliant with state regulations.
To ensure compliance with the amended Retail Worker Safety Act, employers should take the following proactive measures:
- Review and Update Workplace Violence Prevention Policies – Determine whether to adopt the NY Department of Labor’s (DOL) model policy or develop a customized program. Ensure policies align with the updated training frequency requirements.
- Implement Silent Response Button Solutions – Evaluate and implement stationary, wearable, or mobile-phone-based silent response buttons. Train employees on how and when to use these devices effectively.
- Update Training Programs – Modify workplace violence prevention training schedules based on workforce size. Ensure training materials are available in the 12 required non-English languages to meet compliance standards.
- Monitor Additional Regulatory Guidance – The Commissioner shall develop standardized templates for the model retail workplace violence prevention policy and the model workplace violence prevention training program to ensure compliance with the law, with completion required before the effective date. It is essential to stay informed about potential updates from the Department of Labor and consult with legal or HR professionals to proactively address compliance requirements.
