As previously discussed on our blog, in September of 2024, New York passed a law requiring retail employers with 10 or more retail employees anywhere in New York to take certain safeguards to protect employees from workplace violence with staggered compliance deadlines. The first deadline of June 2, 2025, required implementing a model workplace violence policy and model training to be published by NYS DOL (or a policy/training that equals or exceeds the model’s standards). On May 29, 2025, NYSDOL released its model workplace violence training policy model training (in both English and Spanish) and FAQs. See here.
The FAQ’s clarify a number of compliance issues. First, the policy needs to be distributed to employees when they are first hired and once a year after that. Next, it clarifies that an employer cannot simply adopt the model policy wholesale as it requires work-site specific assessment of risk factors. The policy also needs to be distributed in English and an employee’s primary language, provided NYSDOL has issued a translation in such language. NY employers have long been familiar with such a language requirement under other laws such as the Wage Theft Prevention Act. The FAQs also state that training must be provided when employees are first hired, and after that, employers with 50 or more retail employees must provide workplace violence prevention training once a year, while employers with 49 or fewer employees must provide training every two years. NYS DOL specifically notes that the law only covers defined “retail employees” as opposed to others such as marketing and administrative but “encourages” employers to take appropriate steps to protect all employees.
The law also requires retail employers with 500 employees or more in New York to implement a “silent response” button by January 1, 2027. Silent response buttons allow employees to request immediate assistance if the employee does not feel safe or there is a potential or actual emergency. The FAQs state that a silent response button can take the form of: a physical button easily accessible in the workplace; a wearable device; or a mobile phone application. Employees must also be provided training on the use of the silent response button.
NY’s law is another recent example of states and local municipalities taking affirmative legislative measures to address workplace violence in the absence of a federal OSHA standard. Many of these laws, like the one here are industry specific while others cover general industry, e.g., Cal/OSHA Workplace Violence Prevention. All employers should strongly consider workplace violence assessment and training that is tailored to the specific worksite. Even in the absence of a federal standard, OSHA has cited businesses under its general duty clause for workplace violence incidents, which have been affirmed by the Occupational Safety and Health Review Commission. More importantly, doing so can save lives and demonstrates an employer’s singular commitment to the safety and health of its employees.