As we explained in a previous blog post, last fall, Governor Kathy Hochul signed the New York Retail Worker Safety Act (NYRWSA) into law, obligating employers to provide certain safety measures for retail workers by early March of this year.
But just a few months later, a temporary reprieve came, when lawmakers introduced a bill (“S740” or “the Amendments”) to modify specific details of the original NYRWSA. Just weeks before the original version was to take effect, Governor Hochul signed off on the Amendments, which not only changed some of the law’s original requirements, but also delayed mandatory policy, training, and notice requirements until June 2, 2025.
While portions of our blog post from October 2024 remain accurate, some details have changed. New York retail employers should read on to learn what NYRWSA requires of them, and by when.
Which Obligations Still Stand?
As we detailed, the NYRWSA requires covered employers to:
- implement a written workplace violence prevention policy;
- conduct trainings on the policy; and
- provide written notice about the policy in English and other applicable languages.
What did the Amendments Change?
Training Requirements Eased for Smaller Employers
The NYRWSA generally covers any employer with at least ten “retail employees,” defined as employees working at a retail store. Among the law’s requirements is a workplace violence prevention training program that employers must provide to all employees upon hiring and annually thereafter.
The Amendments permit employers with fewer than fifty retail employees to provide workplace violence prevention training just once every two years, instead of annually, after the initial training for new hires.
No Panic Buttons
The Amendments also change requirements for large employers: specifically, they eliminate the need for panic buttons and reduce the number of businesses that will need to comply with an obligation to provide a safety communications tool for retail workers.
The original law required employers with 500 or more retail employees nationwide to install “panic buttons” throughout workplaces or provide employees with wearable mobile phone-based panic buttons.
Under the Amendments, only employers with 500 or more retail employees statewide will need to provide a “silent response button” for all retail employees.
A silent response button must allow employees to request immediate assistance from a security officer, manager, or supervisor while the employee is on duty. Employers may provide the button in the form of an easily accessible device installed within the workplace, or via a wearable item like a mobile phone.
Unchanged are NYRWSA’s requirements that employers may only install alert buttons through employer-provided equipment and may not use any wearable or mobile phone devices to track employee locations, unless triggered by the button during an emergency.
New Modified Written Notice Requirements
Also unchanged are NYRWSA’s requirements that all covered employers provide retail employees with a written notice of their retail workplace violence prevention policy, both in English and in the language identified by each employee as their primary language. Employers must provide these written notices to covered employees upon hire and at each annual or bi-annual training.
As of this post, the New York State Department of Labor (NYSDOL) has not published a model workplace violence prevention policy, model training materials, or any other guidance in any language.
Conclusion
We recommend that employers take necessary steps to comply with these obligations by the upcoming June 2, 2025 effective date. We will continue monitoring NYSDOL and advise further if the agency provides more guidance and materials.
Epstein Becker Green Staff Attorney Elizabeth A. Ledkovsky assisted with this post.
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