New York’s DOL Publishes New Guidance, FAQs on Retail Workers Safety Act

Just days before the Retail Worker Safety Act took effect on June 2, 2025, the New York State Department of Labor issued guidance, model training, and a sample policy to assist covered employers with compliance. The act, signed into law last fall by New York State Governor Kathy Hochul, mandates workplace violence prevention policies and training for retail employers in New York with at least 10 retail employees working at a single location.

The Retail Worker Safety Act (RWSA) requires all covered employers to, among other things, adopt and implement workplace violence prevention policy and workplace violence prevention training for employees. Covered employers with 500 or more retail employees statewide must also create a silent response button system employees can use to request immediate assistance from a security officer, manager, or supervisor in the event of an emergency. The policy and training components of the law were originally scheduled to take effect on March 3, 2025, but a chapter amendment by the New York State Legislature delayed the effective date to June 2, 2025. The silent response button requirement is scheduled to take effect on January 1, 2027.

THE NEW GUIDANCE

The New York State Department of Labor (NY DOL) recently issued guidance, as well as model training and a model policy, to assist covered employers with compliance.

The guidance provides clarification on the following:

• Covered employers: For purposes of determining whether an employer is covered by the RWSA and has at least 10 retail employees, the guidance suggests employees working on-site but not engaged in sales (i.e., marketing or administrative support) are not retail employees; however, third-party employers that have employees working at a store (i.e., a cleaning business) are covered
• Training requirements: The training must be “interactive,” meaning that an employee must “provide input” and “receive[] a response to the input”; however, the training can be digital
• Language requirements: Covered employers must provide their training and workplace violence prevention policy in the employee's primary language, if a translation is available from NY DOL; to date, NY DOL has made their model policy available in English and Spanish
• Silent response button: The requirement for a silent response button, effective January 1, 2027, can be fulfilled through a physical button, wearable device, or mobile application on employer-provided equipment
• Definition of workplace violence: Workplace violence is further defined as “any act or threat of physical violence or aggressive behavior that occurs at the workplace or during a worker’s regular duties”

NEXT STEPS AND BEST PRACTICES

While the guidance provides some clarity as to the NY DOL’s priorities, there are still some open questions as to enforcement of the RWSA. For instance, it is not clear how a third-party employer with employees working in another employer’s retail store would be able to implement a training that meets the law’s minimum requirements. Instructions on how to use security alarms, emergency exits, and silent response buttons, for instance, are store-specific requirements.

Additionally, the guidance is unclear as to whether a third-party employer would be responsible for supplying silent response buttons to these third-party employees. As such, this guidance potentially expands who is considered a covered employer.

It is possible the NY DOL could release additional guidance as enforcement begins. In the meantime, covered employers should make the following preparations:

• Develop and implement appropriate training to ensure employee safety promptly
• Provide training in a timely manner, tailored to the work environment and in the employee's primary language
• Establish a reporting system for employees to document incidents for future reference
• Maintain records of all workplace violence incident reports
• Consider early implementation of an emergency silent response system to ensure readiness by the January 1, 2027 deadline