In an effort to provide additional safety and protection to retail workers in the state, the New York Retail Worker Safety Act went into effect on June 2nd, 2025. The law requires retail employers with 10 or more employees to take certain precautionary measures to reduce the risk of violence against employees, as well as additional safety measures.
New York Retail Worker Safety Act
The New York Retail Worker Safety Act currently applies to employers with at least 10 “retail employees” in New York State.
Covered employers must establish a retail workplace violence prevention policy, as well as conduct retail workplace violence prevention training.
Definition for Retail Employees and Retail Stores
Under this law, “retail employees” are defined as “those who work at a retail store”.
A “retail store” is considered “any store that sells goods directly to the public at retail”. It’s important to note that businesses that primarily sell food to be eaten on-site (restaurants, etc.), are NOT considered retail stores.
Examples include:
- Gas stations
- Convenience stores
- Big box stores
- Sporting goods stores
- Drug stores
- Beauty stores
- Factory outlets
It’s important to note that the law counts employees that specifically work at a retail store. For instance, if an employer has 12 employees, but nine are retail employees while three provide marketing and administrative support, the employer is NOT covered by the law.
However, the employee count is not done on a “by-store” basis. Meaning if an employer has two stores with five employees in each store (10 total), they ARE covered by the law.
The law also applies to those who work INSIDE a retail store, but not FOR a retail store. For example, a cleaning service that cleans retail stores with 10 cleaners / employees, IS covered by the law.
Definition of Workplace Violence
Workplace violence under the New York Retail Worker Safety Act is defined as “any act or threat of physical violence or aggressive behavior that occurs at the workplace or during a worker’s regular duties”.
Examples include:
- A verbal or physical attempt to inflict physical injury
- A verbal or physical threat to inflict physical injury
- An intentional display of force causing an employee to fear or expect physical harm
- Intentional and wrongful physical contact with an employee, without consent, that inflicts injury
- Stalking an employee with the interest in causing fear of physical harm
Parties that may be guilty of workplace violence include strangers, customers, current employees, past employees, or anyone with a personal relationship to an employee.
New York Retail Workplace Prevention Policy
When establishing a policy, employers must meet specific requirements. The New York State Department of Labor (NYSDOL) does offer a model policy, however.
If an employer decides to create their own policy, it must include:
- The factors or situations that have the potential to place employees at risk of workplace violence.
- Examples: working late or early hours; exchanging money with the public; working alone or in small shifts; and uncontrolled access into the workplace.
- Methods being used to prevent violent incidents in the workplace.
- Must include a procedure for reporting incidents.
- Information on federal and state laws regarding workplace violence.
- A statement that there may be applicable local laws as well.
- Resources for victims of workplace violence.
- A statement that employers may not retaliate or otherwise take adverse action against employees who file a complaint regarding workplace violence, or regarding potential risk factors or situations.
Employers struggling to create a policy for their business may want to consider seeking help from a New York Employee Handbook Service.
New York Retail Workplace Violence Prevention Training
Covered employers are required to provide an interactive prevention training to all employees upon hire.
Additionally, employers with 50 or more employees must repeat this training each year. Employers with fewer than 50 employees must repeat the training every two years.
The New York Department of Labor does provide a model training program; however, the model does not include store-specific information, and thus, must be reviewed by the employer to ensure it covers all of the requirements below.
Training must include instruction on the following topics:
- New York Retail Workplace Prevention Act Requirements
- How to protect oneself when faced with workplace violence
- De-escalation tactics
- Procedures for Active shooter events
- General emergency procedures, including exits and meeting places
- How to use security alarms or buttons and other worksite-specific emergency devices
- For managers and supervisors, responsibilities before, during, and after emergencies
- Responsibilities must include establishing emergency procedures that are work-site-specific and training on areas of previous security problems.
Additionally, a written version of the interactive training must also be provided to employees each time training is completed.
Any time spent training must be considered “hours worked” and therefore, paid time.
What Is Interactive Training?
Training is considered interactive if it requires input or interaction from the employee, and the person providing the training provides a response to that input or interaction.
Training does NOT need to be in-person to be considered interactive.
Recordkeeping Requirements
While there are no recordkeeping requirements under the New York Retail Worker Safety Act, the NYSDOL recommends keeping any records of workplace violence incident reports.
Filing Complaints
Before filing a complaint, employees should inform a manager or their employer of any possible violations of the law, and provide a reasonable opportunity to correct the violation.
If no corrective action is taken, and the employee still believes their employer is in violation of the law, they may file a complaint.
Complaints can be made online, via email, or by mail to the following address:
Safety, Health, and Essential Rights
1220 Washington Ave
Building 12, Room 169
Albany, NY 12226
2027 Updates
Starting January 1st, 2027, new requirements will be implemented for retail employers with 500 or more employees in New York.
These updates include:
- Providing employees with a silent response button.
- The button must function as a request for immediate assistance from a security officer, manager, or supervisor in case of emergency.
- Provide training to employees on how to use the silent response button.
Get Help with New York Employee Handbook Policies and Compliance
Businesses looking for help with New York Retail Worker Safety requirements, having trouble with employee handbooks and their safety policies, or who are struggling to administer the proper training, should seek assistance.
Such companies can have many resources, including unique model policies, training programs, and other HR Outsourcing Services.
Contact us today to learn more.
