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New York borrows yet another California policy affecting luxury brands

December 10, 2024

Rania V. Sedhom is managing partner at Sedhom Law Group Rania V. Sedhom is managing partner at Sedhom Law Group

 

By Rania V. Sedhom

Governor Hochul signed the Retail Worker Safety Act into law, which goes into effect on March 4, 2025.

Retail employers with at least 10 employees are subject to the Act. Unfortunately, no one is immune to crime, and luxury brands have recently become a target of theft.

As we’ve heard from many news stores, sometimes store employees suffer physical harm when a thief is in the midst of stealing or leaving with stolen merchandise.

Retail Worker Safety Act 
New York, like California, wants employers to be clear about its safety policy in order to protect its employees against criminals.

Therefore, luxury brands with at least 10 New York employees must adopt a written workplace violence prevention policy, assess potential workplace violence hazards and provide workplace violence prevention training that meets or exceeds the New York State Model Workplace Violence Prevention Program.

The model has not yet been published but is expected shortly. Like many other New York-required trainings, this training must also be interactive and provided upon hire and annually thereafter. Points that must be covered in the training are:

  • How to report workplace violence through the internal reporting system: if the reported matter is not resolved internally, the employee can file a complaint with the government, specifically with the Public Employee Safety and Health (PESH) Bureau. The policy must make clear that employees will not face retaliation for reporting workplace violence.
  • Employers must train employees on de-escalation tactics and active shooter safety training.
  • All employees must be made aware of emergency exits and meeting places in case of an emergency. Emergency procedures must also be set forth.
  • Instructions on the use of security alarms: Beginning on Jan. 1, 2027, employers with at least 500 retail employees nationwide must provide panic buttons, a wearable device or phone-based panic buttons throughout their workplace.

Enforcement of the law related to panic buttons and wearable emergency devices will be interesting to monitor, as it is unclear how the state legislator will enforce that rule against nationwide retailers who may fail to provide it in its locations outside of New York.

Views shared are purely the author’s. Rania V. Sedhom is founding member and managing partner of the Sedhom Law Group, New York. Reach her at rsedhom@bespokelawfirm.com.