Now Effective: New York Retail Worker Safety Act Brings New Obligations for Employers

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Effective June 2, 2025, the New York Retail Worker Safety Act (RWSA) mandates significant workplace violence prevention measures for covered employers. The New York State Department of Labor (NYSDOL) has now issued comprehensive guidance, a model workplace violence prevention policy, and a four-unit training program to help employers comply.

This article outlines the key new documents and clarified requirements now in effect.

For a detailed overview of the New York Retail Worker Safety Act’s core requirements, please refer to our earlier article: New York Retail Worker Safety Act to Take Effect on June 2, 2025 — Employers Should Prepare Now.

If you have questions about how this law may affect your retail operations or need help preparing training or compliance materials, please contact our Managing Partner, Richard Liu, Esq. at contact@consultils.com.

Scope of Coverage

The RWSA applies to any employer with 10 or more employees who work in a retail store in New York State. Under NYSDOL guidance:

The definition of “retail employee” includes workers physically present in retail settings, even if they are employed by third-party contractors. For example, a janitorial company whose staff clean inside retail stores must comply—even if their employees don’t sell goods.
A retail store is broadly defined as a business where goods are sold directly to the public but does not include restaurants or other food-service establishments where consumption occurs on-site.

NYSDOL’ s Model Policy: What It Includes

Employers must adopt a written workplace violence prevention policy that is distributed to all covered employees:

At the time of hire; and
At least once per year thereafter.

To facilitate compliance, NYSDOL has released a model policy that meets the statutory requirements. The model includes:

A statement of purpose and scope;
Identification of workplace violence risk factors (e.g., working alone, late-night shifts, cash handling);
Employee and supervisory responsibilities;
Incident reporting procedures and anti-retaliation language;
Optional sections for emergency contact methods and use of security equipment;
References to applicable federal and state laws, including OSHA.

Employers may adopt the model as-is or customize it, provided all required content is retained.

Training Requirements: Structure, Frequency, and Format

The Act also requires covered employers to provide interactive workplace violence prevention training:

At hire for all covered employees; and
Annually for employers with 50 or more retail employees;
At least every two years for employers with 10–49 retail employees.

The NYSDOL has published a four-unit written training template, covering:

Overview of the RWSA and employee rights;
De-escalation and conflict management strategies;
Emergency response procedures;
Active shooter preparedness.

NYSDOL also released four video modules that correspond to the written units. These include multiple-choice questions designed to ensure comprehension, fulfilling the “interactive” training requirement. Importantly, NYSDOL has clarified that:

“Interactive” training does not require in-person instruction;
Digital modules qualify if they allow employee input and provide responsive feedback;
Training must take place during paid working hours.

Language Access Obligations

NYSDOL guidance also clarifies employer obligations regarding language accessibility:

The policy and training template must be provided in English, and
In an employee’s primary language, but only if the NYSDOL has issued an official translation in that language.
If no NYSDOL translation is available, the English version is sufficient.
Only the written training template must be translated; the video or interactive elements themselves do not require translation.

Employers should document which employees have received the policy and training, and in which language(s), as part of their compliance records.

Complaint Process Available for Employees

NYSDOL has created multiple channels for employees to report noncompliance, including:

An online complaint form;
Email or phone contact with the Department：
- Email: retailworkersafety@labor.ny.gov
- Telephone: 518-457-3863
Submissions by mail：

Safety, Health, and Essential Rights

1220 Washington Ave

Building 12, Room 169

Albany, NY 12226

Complaints may involve failure to receive required training or policy, workplace violence incidents, or retaliation for reporting. Although not mandated, employers are encouraged to establish an internal system for documenting incidents and employee concerns.

Looking Ahead: Silent Response Button Mandate (2027)

One key provision of the law does not take effect until January 1, 2027:

Employers with 500 or more retail employees across New York State must implement silent response buttons (SRBs) for employees.
SRBs may be fixed devices, wearables, or app-based, and must notify internal managers or security—not 911.
Location tracking is only permitted when the device is actively engaged.

Employers meeting this threshold should begin planning for equipment procurement, training, and internal procedures well in advance.

Penalties for Noncompliance

Employers that fail to comply with the Act may face significant financial and legal consequences:

Failure to train employees: Fines of $500 to $2,500 per employee;
Failure to adopt or distribute a compliant policy: Fines starting at $1,000 per violation, plus up to $500 per day for ongoing noncompliance;
Failure to implement silent response buttons (2027 requirement): Penalties of $1,000 to $10,000 per location;
Retaliation against employees: Fines of up to $10,000 per incident, plus civil damages, back pay, and reinstatement where applicable;
General noncompliance: Broader penalties ranging from $100 to $10,000 per violation, with escalation for repeated offenses.

Recommended Compliance Steps

To ensure compliance, employers should:

Assess coverage: Determine whether your workforce includes 10 or more employees in a retail setting;
Review and adopt the NYSDOL model policy or a customized equivalent;
Deliver training using the model template and approved formats, ensuring it is interactive;
Confirm language compliance based on NYSDOL translation availability;
Document training completion and policy distribution;
Develop internal incident reporting procedures, even if not required;
Plan ahead for the SRB requirement if applicable.

Disclaimer: The materials provided on this website are for general informational purposes only and do not, and are not intended to, constitute legal advice. You should not act or refrain from acting based on any information provided here. Please consult with your own legal counsel regarding your specific situation and legal questions.

Richard Liu, Esq. is the Managing Counsel of ILS. He serves clients as a management-side defense lawyer specializing in employment and business litigation. Richard is also an expert on litigation prevention and compliance. He regularly advises Fortune 500 companies and startups on employment, labor, and commercial matters.

Email: contact@consultils.com | Phone: 626-344-8949