New York Bill Would Provide Protections Against Workplace Violence for Retail Employees

If signed by Governor Kathy Hochul, the law would take effect January 1, 2027.

The statute creates important definitions over the following: Covered Employers, Retail Employees, Retail Stores 

Covered employees are defined in the law as "any person, entity, business, corporation, partnership, limited liability company, or an association employing at least ten retail employees." 

"Retail employees," in turn, are defined as "employees working at a retail store for an employer." 

In addition, a "retail store" is defined as "a store that sells consumer commodities at retail and which is not primarily engaged in the sale of food for consumption on the premises." 

Therefore, the law is meant to cover the vast majority of retail employers in the State of New York. 

Employers are delegated to protect their employees. 

The key requirements for employers are the following: Physical Panic Button, Policy, Training, Model Notice 

Panic Button: Every employer of 500 or more retail employees nationwide shall provide access to panic buttons throughout the workplace or workplaces. These include: 

• Physical Panic Button 

• Mobile Phone-Based Panic Buttons

Written Workplace Violence Prevention Policy 

• Outline a list of factors or situations in the workplace that might place retail employees at risk of workplace violence, including but not limited to…

• Working late night or early morning hours; 

• Exchanging money with the public; 

• Working alone or in small numbers; and 

• Uncontrolled access to the workplace by the public 

• In addition, employers must provide Information and Training: Employers must use the interactive, State-provided training (or provide one on their own that is equivalent to the State-provided training), which must include… 

• Information on the requirements of this section; 

• Examples of measures retail employees can use to protect themselves when faced with workplace violence from customers or other coworkers; 

• De-escalation tactics; 

• Active shooter drills; 

• Emergency procedures; and 

• Instruction on the use of security alarms, panic buttons, and other related emergency devices. 

• There is a Notice of Policy: This states employers must provide all retail employees, in writing in English and in the language identified by each employee as their primary language at the time of hiring and at every annual workplace violence prevention training provided, a notice containing such employer's retail workplace violence prevention policy and the information presented at such employer's workplace violence prevention training program.

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This document is designed for general information only. The information presented in this document should not be construed to be formal legal or tax advice nor the formation of a lawyer/client relationship. 

For more information on this and other topics, please contact Kevin via any of the channels listed below:

📧 kevin@kmckernan.com  | 📞 718-317-5007