Access Today’s Top Talent
In-House Expertise
fact sheet
A Look at New York’s S. 8358 / A. 8947
New York’s Retail Worker Safety Act, signed by Governor Hochul in September 2024 and amended in February 2025, requires retail employers to implement workplace violence prevention policies and training programs by June 2, 2025, with larger retailers also needing to provide silent response buttons by January 2027.
On Sept. 5, 2024, New York Governor Kathy Hochul signed the Retail Worker Safety Act (S. 8358B/A. 8947C) into law and which was later amended on Feb. 14, 2025. The law:
– Requires retail employers to adopt a retail workplace violence prevention policy by June 2, 2025.
– Requires retail employers to develop and implement training programs to prevent workplace violence by June 2, 2025.
– Directs the Department of Labor to produce a model workplace violence prevention policy and model training program in English and the 12 most common non-English languages spoken in New York (as determined by data published by the US Census Bureau).
– Employers may adopt the forthcoming model policy and training program or establish their own that meet or exceed New York State’s minimum requirements.
– Effective January 1, 2027, employers with 500 or more retail employees statewide must provide access to silent response buttons (SRB’s).
Covered employers for the policy and training requirements include any person, entity, business, corporation, partnership, limited liability company, or association in New York employing at least 10 retail employees. Retail employees are defined as “working at a store that sells consumer commodities at retail and which is not primarily engaged in the sale of food for consumption on the premises.”
According to the Act, the model retail workplace violence prevention policy will:
– Outline a list of factors or situations in the workplace that might place retail employees at risk of workplace violence;
– Outline methods that employers may use to prevent incidents of workplace violence;
– Include information concerning the federal and state statutory provisions concerning violence against retail employees and remedies available to victims of such violence, including a statement that there may be applicable local laws; and
– Clearly state that retaliation against individuals who complain of workplace violence or the presence of factors or situations in the workplace that might place retail employees at risk of workplace violence, or who testify or assist in any proceeding under the law is unlawful.
The training program must include:
– information on the Act’s requirements;
– 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;
– instruction on the use of security alarms, panic buttons, and other related emergency devices;
– information addressing supervisor conduct and responsibilities, including ways to address workplace specific emergency procedures; and
– training on areas of previous security problems.
The Act also requires the Department’s model program to include information addressing conduct by supervisors and any additional responsibilities for supervisors, including ways to address workplace emergency procedures and training on areas of previous security problems. As part of this training, covered employers must communicate to all retail employees a site-specific list of emergency exits and meeting places in case of emergency.
Retail employers with fewer than 50 employees will be required to provide workplace violence prevention training upon hire and once every two years thereafter. Retail employers with at least 50 employees must provide training upon hire and annually thereafter. In addition to disseminating the policy, employers must disseminate the training program.
By January 1, 2027, the law requires larger employers with more than 500 employees statewide to provide their retail employees with silent response buttons (SRB’s) to request immediate assistance from a security officer, manager, or supervisor. The SRB’s may be installed in the workplace at an easily accessible location or as a wearable or mobile phone-based button.
Beginning June 2, 2025, covered employers must provide the following to all employees upon hire and annually thereafter:
– A copy of their written workplace violence prevention plan;
– A site-specific list of emergency exists and meetings places in case of emergency; and
– A written notice, in English and in the language identified by each employee as their primary language, containing the employer’s retail workplace violence prevention policy and the information presented during the workplace violence prevention training program.
Covered employers should ensure compliance with the Act. The New York Department of Labor will be issuing its model retail workplace violence prevention policy template and model training program. Compliance guidance is also expected.
The model retail workplace violence prevention policy and related information will be publicly available and posted on the Department’s website, at which time we will share the link.
*The information provided on this fact sheet does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available here are for general informational purposes only.
Complete the form below and we’ll get in touch within 24 hours.