Beginning June 2, 2025, certain New York State retailers selling “consumer commodities” with ten (10) or more employees will be required to adopt safety measures to address and prevent workplace violence in their stores. Public employers and restaurants are exempt from the law. Employers will receive assistance in putting together the required Workplace Violence Prevention Policy from the New York Department of Labor in the form of a model policy.
The policy will need to outline factors or situations in the workplace that might place employees at risk of workplace violence, including but not limited to:
Unauthorized access to the workplace;
Workers alone or in small numbers;
Handling money with customers; and
Workers at the store early in the morning and/or late at night.
Other parts of a compliant policy will be a violence reporting system, information about federal, state and local laws and remedies available to victims, and a clear statement than retaliation against those who report workplace violence will not be tolerated.
The new law also has a mandatory, interactive training requirement addressing:
Any previous security problems;
Duties of supervisors, particularly as to safety procedures;
Instruction on the use of any emergency devices;
Emergency procedures;
Active shooter drills;
De-escalation tactics; and
Instruction on measures employees can take to protect themselves from violence by co-workers or customers.
Like with the model policy, the New York Department of Labor will be providing a sample training outline. The training must be provided upon hire and every two (2) thereafter for employers with fewer than fifty (50) employees, and upon hire and annually for employers with fifty (50) or more employees. Employees must receive a copy of the policy, and the training information provided, at the training sessions in their primary language.
Larger retailers with over 500 employees will have an additional obligation beginning January 1, 2027, to provide a “panic button” to employees. This silent response button must provide for immediate assistance from a security officer, manager or supervisor and dispatch local law enforcement to the site. The button may be a physical device in an “easily accessible” location at the store or a wearable or mobile phone-based device provided by the employer.
If you have any questions about this new Act or any Labor or Employment law issues, please contact Paul F. Keneally at 585-258-2882 or pkeneally@underbergkessler.com.
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