Retail employees throughout New York have long faced escalating risks in the workplace, including violent customer encounters, understaffing during high-risk hours, and stores without adequate emergency protocols. In June 2025, New York’s Retail Worker Safety Act (“RWSA”) formally took effect, marking a significant shift in how retail employers must address workplace violence. Although framed as a safety statute, the law has quickly become a central factor in retaliation, discrimination, wrongful-termination, and unsafe-workplace claims brought by retail workers.
This column explains the scope of the statute, the obligations imposed on employers, and how failures to comply frequently become the basis for legal action.
Coverage and Scope of the Statute
The RWSA applies to any employer with ten or more retail employees working within New York State. The headcount includes employees spread across multiple store locations and may include workers assigned by third-party vendors if they perform their duties inside a retail establishment. Restaurants and other food-service employers are expressly excluded.
Since June 2025, covered employers are required to operate under this statutory framework, and many claims now arise from employers’ inability—or refusal—to implement the protections the law mandates.
Written Workplace Violence Prevention Policy
One of the central requirements of the RWSA is the adoption and distribution of a written violence-prevention policy. The document must describe relevant risk factors in the workplace, outline the preventive measures that will be implemented, provide clear instructions for reporting threats or unsafe conditions, and articulate the employee’s right to raise safety concerns without retaliation.
The policy must be provided to employees at the time of hire and then annually, and employers must supply it in the employee’s primary language whenever a state-issued translation exists.
In practice, the absence of such a policy—or the distribution of a vague, non-compliant version—often becomes compelling evidence in litigation. When employees later face unsafe conditions, seek accommodations, or experience adverse treatment after reporting a concern, courts and agencies look closely at whether the employer followed this statutory mandate.
Workplace Violence Training Requirements
The RWSA also requires interactive training during paid working hours. New hires must be trained upon starting, and existing employees must receive either annual or biennial refresher training depending on the employer’s size.
Training must address de-escalation strategies, active-shooter and emergency procedures, the use of alarm or safety devices, and evacuation routes specific to the employee’s location.
Employers that provide inadequate or inconsistent training frequently find themselves defending against retaliation or disability-based claims, particularly when an employee suffers trauma after a violent incident and seeks time off, accommodations, or safety improvements.
Silent Response Button Requirement (Effective January 2027)
Beginning January 1, 2027, employers with 500 or more retail employees in New York must provide every retail employee with access to a silent response button. These devices—whether stationary, wearable, or app-based—must enable an employee to discreetly summon assistance from trained on-site staff.
This requirement is not merely technical. In cases where an employee is harmed after repeated warnings that a store lacks adequate emergency measures, a failure to implement the silent-response system may significantly strengthen claims alleging negligence, retaliation, or a hostile work environment.
Retaliation and Related Legal Claims
Although the RWSA itself is primarily enforced through the New York Department of Labor, the factual context created by the statute plays a major role in private civil claims. Employees regularly seek legal assistance when they report unsafe conditions and subsequently experience reduced hours, unfavorable shift changes, unwarranted disciplinary action, or termination.
These fact patterns commonly support claims under:
- New York Labor Law § 215 (retaliation),
- State and city human rights laws (disability, sex, race, or national origin discrimination),
- FMLA and state leave laws, and
- Wrongful termination and failure-to-accommodate theories.
Where a violent incident causes physical or psychological injury, a workers’ compensation claim may also arise, sometimes accompanied by additional employer liability if the incident followed documented safety complaints.
When Employees Typically Seek Counsel
Employees often contact counsel after:
- Repeatedly alerting management to unsafe conditions with no meaningful response;
- Being assaulted or threatened in the workplace after inadequate staffing or training;
- Developing anxiety or PTSD following a violent event and encountering resistance to medical leave or modified duties;
- Receiving reduced hours, negative evaluations, or termination shortly after requesting safety measures; or
- Learning that their employer has taken no steps to comply with the upcoming 2027 alarm-button requirement.
In these situations, compliance failures under the RWSA are not abstract—they frequently shape the outcome of retaliation, discrimination, and wrongful-termination claims.
Protecting Your Rights as a Retail Employee
Employees should document unsafe conditions and report concerns in writing whenever possible. They should also avoid resigning abruptly, as doing so can weaken potential claims. Medical attention and contemporaneous documentation become critical when workplace violence leads to emotional or physical injury. Early consultation with an employment attorney helps preserve all available claims and ensures that evidence is collected appropriately.
Why the Statute Matters
Retail employees often serve as the first—and sometimes only—line of defense against escalating workplace danger. By establishing mandatory policies, training, emergency procedures, and forthcoming alarm-button requirements, the law reinforces the principle that safety is an employer’s obligation, not the worker’s burden.
When employers fall short, employees have meaningful avenues for recourse, including compensation for lost wages, emotional distress, reinstatement, penalties, and attorney’s fees. The RWSA thus serves both as a preventive tool and as a critical evidentiary framework when disputes arise.
Get the Legal Help You Need
If your workplace feels unsafe or you believe your employer has failed to comply with the Retail Worker Safety Act, our employment attorneys can help. We represent retail employees across New York in safety, retaliation, discrimination, scheduling, and wrongful-termination matters.
Call 201-461-0031 or email mail@songlawfirm.com for a confidential consultation.
Disclaimer: This column provides general information about employment law and should not be considered legal advice for your specific situation. Whistleblower laws are complex with varying requirements and deadlines. Consult with an attorney promptly to understand your rights and options.
