Retailers await guidance on new worker safety law as March deadline looms

Retailers will be subject to a new law starting March 3 requiring them to take action to keep their workers safe, an act described as common sense but with some wrinkles that the state legislature may soon amend.

The New York Retail Worker Safety Act (RWSA), passed by the state legislature last year and signed into law by Gov. Kathy Hochul, would require retailers to train employees on workplace safety, as well as providing them with written safety policies. Larger retail businesses would also implement panic buttons.

“I think some retail stores are already doing things to protect their workers, but this law is made to help make sure all workers are safe,” said Christine Malafi, senior partner with Campolo, Middleton & McCormick of Ronkonkoma. “If their workers are safe, that means their customers are safe.”

And safe customers make for better business.

“It’s one of those laws that I have to say kind of makes sense,” Malafi added.

The law itself requires the following for retail establishments:

Retail employers must develop and implement strategies—and a written policy—to prevent workplace violence, ensuring safer environments for retail workers.

Employers must also share that policy and strategy with their respective retail workers.

Larger retail workplaces with 500 or more employees nationally must install “panic buttons” or provide mobile or wearable panic devices to help workers quickly report emergencies.

Training must be provided so employees can de-escalate volatile or dangerous situations, respond to incidents that do occur, and for protection in the case of a violent situation.

While the law itself is slated to begin in March, certain aspects take effect later.

Commencing in 2027, these workplace violence prevention programs will be reviewed every four years, and updates will be made as needed to ensure ongoing relevance and effectiveness.

While legal experts suggest retailers themselves are, by and large, not objecting to new safety measures—there is still uncertainty on specifics as the new state legislature session opens.

“Right now, the biggest challenge is that the New York State Department of Labor has stated that it will issue a model policy and a model training module, which would satisfy the requirements of the RWSA,” said Christopher Moro, an associate with law firm Nixon Peabody, which has a Long Island office in Melville. Even with the law’s effective date approaching, “the DOL has not yet done so,” Moro said.

Even state labor officials—charged with enforcement—could be impacted by changes to the law.

“Adding to the uncertainty is the fact that there are reports that (various) substantive provisions of the RWSA will be amended before they become effective,” Moro said.

Details on employee training, implementation of the panic buttons and more could be on the table during any discussions of an amendment.

As of now, the state labor department has been tasked with creating both sample retailer policies and worker safety training programs. With less than two months until the law’s effective date, they have not yet been produced.

“I think the one thing that’s going to complicate this if it stays in, is the panic button situation,” said Ian Bogaty, a principal in the law firm Jackson Lewis, which has an office in Melville.

In addition to the cost and complexity of a panic button application itself—whereby employees have access to an alert or notification system that can broadcast a distress message storewide—there are other considerations under discussion—among them altering the requirement for a business with 500 employees nationwide to 500 employees statewide.

And it remains unclear whether a panic button would notify police or public safety officials directly, or simply notify a store’s security officers first, Bogaty said.

There is some time for retailers to assess panic button products and services, as the requirement to have it in place does not start until Jan. 1, 2027. Still, planning and budgeting for a panic button could require significant lead time for retailers with multiple locations throughout the state.

Another component of the act is an exemption for businesses primarily serving food, such as restaurants, for consumption on their premises. That means many convenience stores or delicatessens that prepare and sell food would not be exempt.

Headlines about incidents at stores throughout the country continue to fuel concerns in the public. Retailers, like everyone, are tuned into those worries and share them.

Malafi of Campolo, Middleton & McCormick says that even as different aspects of the RWSA are under discussion and may be amended, retailers should “start assessing their risk.”

And different businesses have different risks. A jeweler, a convenience store and a big-box store may all have different risk profiles—and may require different policies and employee training.

While the labor department has yet to provide retailers with what its enforcement mechanisms will be, or if there are fines for violations of RWSA, noncompliance with the law could also mean civil liability if an employee or customer is hurt during an event.

“Employers have no choice but to prepare for compliance with the current law and consult with legal counsel regarding necessary changes to policies and practices,” Moro said. “However, monitoring any forthcoming guidance issued by the Department of Labor and any amendments to the RWSA will be crucial.”