New York State Releases Guidance on Retail Worker Safety Act

New York state’s Retail Worker Safety Act went into effect June 2. Following months of anticipation and planning, covered employers in New York will now have to comply with the act’s workplace violence prevention policy, training program, and notice requirements. Just in time for the compliance date, the New York State Department of Labor (NYSDOL) released guidance on some key issues under the law, as well as a model policy and training program. The NYSDOL also provided an online complaint form where employees can report alleged violations of the act.

NYSDOL Guidance

The NYSDOL’s guidance clarifies some questions about covered employers under the act, as well as translation and training requirements. One key point is that the act applies to employers with employees who work in a retail setting, even if they are not employed by a retail store and are not involved in selling retail goods. For example, a cleaning business with employees who clean retail stores is covered under the act, even though those employees are not employed by the store itself and do not participate in selling retail goods.

The guidance also discusses the act’s requirements for employees who identify a language other than English as their primary language. Covered employers must provide all retail employees with a copy of the workplace violence prevention policy and a workplace violence training template in English. Employees who identify a language other than English as their primary language must be provided with a translated copy only if the NYSDOL has provided a translation. If an employee’s primary language is not one of the languages for which the NYSDOL has provided a translation, an employer can provide an English version. Notably, employers are only required to provide a written template outlining the content of their workplace violence prevention training in the employee’s primary language, not a translated version of the interactive training itself.

Speaking of interactive, the guidance has clarified this requirement. For training to be considered “interactive,” it must require an employee to provide input during the training and receive a response to the input the employee provides. “Digital training can be considered interactive,” the NYSDOL guidance states. In-person training is not required.

While this new guidance does provide additional insight on which employers are covered under the act, it does not include any information on how the law defines “retail” and what constitutes a “retail store.”

Model Programs

As promised, the NYSDOL has provided a model workplace violence prevention policy and training templates. The templates are currently only available in English, although the NYSDOL is expected to provide translated versions at a future date.

The template workplace violence prevention policy outlines the requirements of the act and provides optional sections for an incident reporting system and additional methods to prevent workplace violence. The template policy also provides general information on potential criminal penalties against anyone who assaults a retail worker and employers’ responsibilities under the federal Occupational Safety and Health Act.

The model training program template consists of four units that cover the requirements of the Retail Worker Safety Act, including de-escalation tactics, emergency preparation, and active shooter events. To supplement the written template, the NYSDOL has created four training videos that address these topics. The videos include multiple-choice questions to confirm an employee’s understanding of the information presented.

Employee Resources

In addition to providing guidance on the act’s requirements and model templates, the NYSDOL has provided avenues for employees to file complaints related to workplace violence. Employees who have either been the victim of workplace violence or alleged retaliation related to workplace violence may report it to the NYSDOL by email, phone, or an online complaint form. The form also provides an option for an employee to lodge a complaint against a covered employer if there is no workplace violence prevention policy or training program, or if they have not received the policy or training.

Next Steps

Now that the compliance date for the Retail Worker Safety Act has arrived, covered employers will be expected to meet the statutory requirements. The complaint system is active, and it should be anticipated that the NYSDOL will begin enforcement.

Stefan Borovina is an attorney with Ogletree Deakins in New York City. Karen F. Tynan is an attorney with Ogletree Deakins in Sacramento, Calif. © 2025 Ogletree Deakins. All rights reserved. Reposted with permission.