New York State Senate Passes Landmark Retail Worker Safety Act

New York legislators are stepping up to shield retail workers from escalating violence and harassment in the workplace.

The New York State Senate passed the Retail Worker Safety Act (S. 8358B) on Friday, which will require corporate retail employers to adopt violence prevention plans, train workers in de-escalation techniques and provide active shooter training. Additionally, large corporations will be responsible for installing panic buttons throughout workplaces.

The Senate signoff comes days after the passage of the coordinating bill in the State Assembly. Now, it will head to the governor’s desk for final approval.

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The bill, which was introduced by State Senator Jessica Ramos in January, was designed to compel employers to take responsibility for worker safety. A study conducted by the Retail, Wholesale and Department Store Union (RWDSU) this spring showed that the issue has become a source of anxiety for retail employees as retail crime ratchets up, with 57 percent of those surveyed saying they’ve personally experienced verbal harassment or intimidating behavior at work. Worse still, 80 percent reported worries about an active shooter coming into their place of business.

Retail associates have also been vocal about the measures they think would help—and several of them are included in the bill. Most RWDSU survey participants (72 percent) said they would feel safer and more empowered if they were to receive training on how to deal with harassment, shoplifting and other risks, while 88 percent said they would feel safer if a panic button were installed in their store.

The bill’s ascension through the State Assembly has been praised by the RWDSU, with president Stuart Appelbaum and other members acting as champions since its introduction. Unionized workers from cities across New York have held rallies and press conferences in recent months to urge legislators to prioritize worker safety.

“Today’s passage of the Retail Worker Safety Act by the State Senate is a critical step towards common sense safety measures for retail workers across New York,” Applebaum said Friday. “When the bill is signed into law, basic protections will be provided for both workers and customers.”

The campaign has brought to light stories of “deeply troubling” experiences retail workers have endured, from violent crimes to shootings, assaults and verbal threats.

“Workers in retail stores in New York should never have to experience anything like this. One thing is for certain, however: employers can and should do more to protect their employees,” Applebaum added. “That’s why we’re championing this critical law, which requires that retail employers take full responsibility to protect their workers from violence.”

If passed, the Retail Worker Safety Act would require that the NYS Department of Labor develop a model risk assessment and training program. That framework will be adopted by employers with 10 or more employees, unless they decide to create their own, and they will be required to provide yearly safety trainings for staff. Meanwhile, employers with 500 or more employees across the country will be required to install panic buttons throughout their stores.

Not everyone is happy about the development.

Walmart on Friday said it opposed the bill, with the company’s executive vice president of corporate affairs, Dan Bartlett, telling Reuters that installing panic buttons in stores would result in too many false alarms.

The New York Police Department’s public affairs bureau, too, has said that 911 calls are a more effective way of communicating with law enforcement than panic buttons.

At Walmart’s annual shareholder meeting last week, a proposal brought by Walmart store employee shareholders requesting an independent review of workplace safety policies was dismissed, receiving 19-percent approval.

While the bill has been side-eyed by law enforcement and the nation’s largest retail chain, the final decision will come down to Governor Kathy Hochul, who has been bullish about fighting retail crime in New York.

This spring, Hochul announced the allocation of massive resources in the state’s FY25 budget to fighting retail crime. A whopping $40.2 million will go toward creating dedicated retail theft teams within state police departments, district attorneys’ offices and local law enforcement, while a $5 million tax credit will go toward helping small businesses invest in security measures like cameras. The budget includes a $3,000 tax credit for any small business that spends the threshold amount of funds on retail prevention.

Hochul’s plan also ups criminal penalties for those who assault retail workers, automatically elevating the crime from a misdemeanor to a felony.

“I promised the retail workers and our small business owners that I would protect them—and we are doing just that,” the governor said last month. “Here in New York, we are standing up to organized retail theft, backing our businesses and their workers with the full force of the law, and restoring that sense of security and peace of mind so they can focus on what they do best.”

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