New York's Retail Worker Safety Act has prompted a lot of questions among employers with operations in New York. Workplace violence prevention expert James Sporleder addresses 10 of the top issues below. Watch the full Q&A with James for answers to other frequently asked questions about this law.
Note: Since this Q&A was held, the Amendment referenced in some answers was signed—extending the deadline to June 2, 2025.
1. Who's impacted by the law?
The Retail Worker Safety Act applies to employers in New York with 10 or more employees working in a retail setting.
2. How does an organization know if they fall into the category of retail?
The law focuses on traditional retail stores that sell customer goods at retail prices, typically to the public. If your primary business is involved in direct sales of goods (as opposed to services), and you have a storefront, you likely fit that definition. Think about what the average person would call a retail shop—clothing boutiques, electronic stores, department stores and so forth.
3. What unique challenges do retail workers face when it comes to workplace violence prevention and response?
Retail workers are on the front line with the public. They handle cash transactions. They face high foot traffic and often they work long or late hours. Unfortunately, tensions can escalate quickly in these settings over a variety of issues. Think of some of the masking issues that happened in retail establishments during the pandemic.
Emotions can run high and things can escalate quickly in retail settings...the settings inherently carry a higher exposure to potential conflict or violence.
And then there are the usual day-to-day frustrations that people experience when they come into these shops. Maybe they're dissatisfied with a product or they're trying to return something. Maybe there's a long line. Maybe they're having a difficult day. In any event, emotions can run high and things can escalate quickly in these retail settings. And that's why the law specifically targets this sector within the marketplace. The setting inherently carries a higher exposure to potential conflict or violence.
4. What's de-escalation training and why does this law require it?
Play the video above to hear the full answer on de-escalation.
De-escalation is both a mindset and a set of interpersonal communication skills designed to help cool heated or expressive encounters with frustrated people. Lawmakers recognize that retail employees can't always rely on security and managers to intervene immediately. De-escalation training empowers them to handle tense customer interactions in the moment.
5. Besides de-escalation, what does the training need to cover? How often does it need to be conducted?
Currently, the law requires annual interactive training that covers everything from general safety procedures to recognizing threats, reporting incidents, and extreme violence awareness, or what some people might call active shooter awareness. The current term today is actually "active assailant awareness" because there could be different types of violence that are brought forward in these kinds of settings.
If the amendment is signed, this might shift a bit for retailers under a certain size, specifically those with fewer than 50 employees, and they may have a different training cadence. But at its core, the training must be updated regularly and must remain interactive or hands-on in some form.
6. What exactly is the timeline for compliance?
If the bill goes into effect as it was signed in September of 2024, most of the provisions would start on the 3rd of March 2025. If the amendment to the law is signed, which we expect that it will be, the effective date is likely to shift out to the 2nd of June. We're keeping a close eye on that official signature to confirm what effective date will actually be in place.
7. What should employers be doing now to get ready for the mandate?
The first step would be to assess what you currently have in place regarding workplace violence prevention. That includes any existing policies, training, or emergency response procedures that you might already have in place. Then identifying gaps becomes an essential part of the next step, looking for things like:
- Do you have a specific policy or procedure to address threats against retail employees?
- Do you train retail employees on things like de-escalation?
Being proactive now will save a lot of headaches later.
Also, it's important to consider who handles the compliance aspect. HR, legal, and security teams will need to come together in a multidisciplinary effort to collaborate and craft a plan that's both practical and satisfies all the law's requirements. Being proactive now will save a lot of headaches later.
8. What happens to those employers who don't comply?
Like most labor laws, non-compliance can lead to fines, penalties, or even legal action, especially if a workplace incident occurs and the employer is found lacking in the required preventative steps. Beyond the legal and financial risks, there's also a risk of damage to brand and reputation, not to mention the moral imperative that underpins issues like this. No organization wants to be labeled as ignoring employee safety. So, it's in the employer's best interest to follow the law. And honestly, it's just good business to protect your workforce.
9. What does the law require in the way of having a workplace violence prevention policy or plan in place?
The law mandates a written policy, and that policy has to identify potential risk factors and outline response procedures. It has to have a clear mechanism for reporting incidents and provide detail on how the employer plans to reduce or eliminate those risks. This can include some physical security improvements like better lighting, increased staffing at high-risk times, or stricter protocols for handling cash. Handling cash is always an issue because the criminal element can come into play here and is considered part of workplace violence awareness and prevention.
If the amendment is signed, there might be some specific language about how many translations are required. It may be limited to the 12 most common languages that are in the state. So, for example, when putting together training in an e-learning format, you may need to consider having those programs translated to other target languages such as Latin American Spanish or French Canadian.
If employers don't have a plan in place or they need to develop one, where can they find the model template for the workplace violence prevention plan?
The New York Department of Labor is tasked with publishing a model policy but it's not yet available. We expect they'll finalize it once the amendment is signed and then post an official template online. In the meantime, employers can reference existing workplace violence prevention frameworks or consult experts to help develop a draft that meets or exceeds the law's baseline. I would refer people to the ASIS American National Standard on Workplace Violence Prevention and Intervention. It's an excellent document to get your hands on to dive into the details regarding setting up a model template for a workplace violence prevention plan. It includes essential guidelines on how best to move forward with prevention efforts and intervention efforts when and if those become a needed aspect of your overall response.
10. How likely is it that New York will end up broadening the scope of the law and include other industries?
Play the video above to hear the full answer on scope expansion.
It's not uncommon for states to start with a targeted industry and then expand the requirements to other sectors later on. New York already has a law requiring public employers to have a workplace violence prevention policy in place. So, while the focus now is on the private sector and retail, I wouldn't be surprised if this legislation or its amendments broaden the scope to hospitality, healthcare, or other high-contact or high-risk industries.
What we know from history over the last decade is that as California and New York go, other states like Connecticut, Massachusetts, Minnesota, Oregon, and Washington are likely to fall in line. I might throw Texas in there as well.
I think this is just part of the evolving conversation around workplace violence prevention, awareness and intervention. It's a good development, really. As we have that conversation more and more, people become more comfortable thinking about a scary thing. Interpersonal violence is a very corrosive experience. People generally don't want to think about it.
But as we talk about it in a way that's respectful and safe, then we can really get our arms around that. Frankly, I think we can start pushing prevention upstream further and further and hopefully avert real tragedies, which we see happening every year in our workplaces.
