Senate Bill S8358C

2023-2024 Legislative Session

Establishes the retail worker safety act requiring retail worker employers to develop and implement programs to prevent workplace violence

download bill text pdf

Sponsored By

Current Bill Status - On Floor Calendar


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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Bill Amendments

co-Sponsors

2023-S8358 - Details

See Assembly Version of this Bill:
A8947
Law Section:
Labor Law
Laws Affected:
Add §27-e, Lab L

2023-S8358 - Summary

Establishes the retail worker safety act requiring retail worker employers to develop and implement programs to prevent workplace violence; directs the department of labor to produce a model workplace violence prevention training program; requires employers to provide training on such programs; requires the installation of panic buttons at certain workplaces or wearable or mobile phone-based panic buttons to be provided.

2023-S8358 - Sponsor Memo

2023-S8358 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8358
 
                             I N  S E N A T E
 
                             January 22, 2024
                                ___________
 
 Introduced  by  Sen.  RAMOS  -- read twice and ordered printed, and when
   printed to be committed to the Committee on Labor
 
 AN ACT to amend the labor law, in relation to  requiring  retail  worker
   employers  to  develop  and  implement  programs  to prevent workplace
   violence
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1.  This  act  shall be known and may be cited as the "retail
 worker safety act".
   § 2. Legislative findings. The legislature  finds  and  declares  that
 violence  against  retail workers is a growing problem in New York. From
 verbal harassment that often leads to physical violence, all the way  to
 racially  motivated  mass  shootings  of  retail  workers and customers,
 retail workers are on the front lines of violence in our society.  Given
 that  these  stores  offer  essential  necessities  to  the public, this
 violence is also a threat to public health and safety.  The  legislature
 also finds and declares that many employers have not done enough to take
 responsibility for the health and safety of their employees. Few employ-
 ers  have  conducted risk assessments of their workplace, and even fewer
 have adequately trained their employees in how to respond to  harassment
 and potentially violent situations.
   §  3. The labor law is amended by adding a new section 27-e to read as
 follows:
   § 27-E. DUTY OF RETAIL  WORKER  EMPLOYERS  TO  DEVELOP  AND  IMPLEMENT
 PROGRAMS TO PREVENT WORKPLACE VIOLENCE. 1. DEFINITIONS. FOR THE PURPOSES
 OF THIS SECTION:
   A.  "EMPLOYER"  MEANS ANY PERSON, ENTITY, BUSINESS, CORPORATION, PART-
 NERSHIP, LIMITED LIABILITY COMPANY, OR AN ASSOCIATION EMPLOYING AT LEAST
 TEN RETAIL WORKERS. THE TERM SHALL NOT INCLUDE THE STATE, ANY  POLITICAL
 SUBDIVISION  OF THE STATE, A PUBLIC AUTHORITY, OR ANY OTHER GOVERNMENTAL
 AGENCY OR INSTRUMENTALITY.
   B. "EMPLOYEE" MEANS A RETAIL WORKER WORKING FOR AN EMPLOYER.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13440-02-4
 S. 8358                             2
              

co-Sponsors

2023-S8358A - Details

See Assembly Version of this Bill:
A8947
Law Section:
Labor Law
Laws Affected:
Add §27-e, Lab L

2023-S8358A - Summary

Establishes the retail worker safety act requiring retail worker employers to develop and implement programs to prevent workplace violence; directs the department of labor to produce a model workplace violence prevention training program; requires employers to provide training on such programs; requires the installation of panic buttons at certain workplaces or wearable or mobile phone-based panic buttons to be provided.

2023-S8358A - Sponsor Memo

2023-S8358A - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8358--A
 
                             I N  S E N A T E
 
                             January 22, 2024
                                ___________
 
 Introduced  by  Sens.  RAMOS,  BRISPORT, CHU, CLEARE, COONEY, FERNANDEZ,
   GIANARIS, GONZALEZ, GOUNARDES, HARCKHAM, HINCHEY, HOYLMAN-SIGAL, JACK-
   SON, KENNEDY, MAYER, SALAZAR, SERRANO, SKOUFIS, STAVISKY, WEBB -- read
   twice and ordered printed, and when printed to  be  committed  to  the
   Committee  on  Labor  --  committee  discharged, bill amended, ordered
   reprinted as amended and recommitted to said committee
 
 AN ACT to amend the labor law, in relation to  requiring  retail  worker
   employers  to  develop  and  implement  programs  to prevent workplace
   violence
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  This  act  shall be known and may be cited as the "retail
 worker safety act".
   § 2. Legislative findings. The legislature  finds  and  declares  that
 violence  against  retail workers is a growing problem in New York. From
 verbal harassment that often leads to physical violence, all the way  to
 racially  motivated  mass  shootings  of  retail  workers and customers,
 retail workers are on the front lines of violence in our society.  Given
 that  these  stores  offer  essential  necessities  to  the public, this
 violence is also a threat to public health and safety.  The  legislature
 also finds and declares that many employers have not done enough to take
 responsibility for the health and safety of their employees. Few employ-
 ers  have  conducted risk assessments of their workplace, and even fewer
 have adequately trained their employees in how to respond to  harassment
 and potentially violent situations.
   §  3. The labor law is amended by adding a new section 27-e to read as
 follows:
   § 27-E. DUTY OF RETAIL  WORKER  EMPLOYERS  TO  DEVELOP  AND  IMPLEMENT
 PROGRAMS TO PREVENT WORKPLACE VIOLENCE. 1. DEFINITIONS. FOR THE PURPOSES
 OF THIS SECTION:
   A.  "EMPLOYER"  MEANS ANY PERSON, ENTITY, BUSINESS, CORPORATION, PART-
 NERSHIP, LIMITED LIABILITY COMPANY, OR AN ASSOCIATION EMPLOYING AT LEAST
 TEN RETAIL EMPLOYEES. THE TERM SHALL NOT INCLUDE THE  STATE,  ANY  POLI-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13440-04-4
              

co-Sponsors

2023-S8358B - Details

See Assembly Version of this Bill:
A8947
Law Section:
Labor Law
Laws Affected:
Add §27-e, Lab L

2023-S8358B - Summary

Establishes the retail worker safety act requiring retail worker employers to develop and implement programs to prevent workplace violence; directs the department of labor to produce a model workplace violence prevention training program; requires employers to provide training on such programs; requires the installation of panic buttons at certain workplaces or wearable or mobile phone-based panic buttons to be provided.

2023-S8358B - Sponsor Memo

2023-S8358B - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8358--B
 
                             I N  S E N A T E
 
                             January 22, 2024
                                ___________
 
 Introduced  by  Sens.  RAMOS,  BRISPORT, CHU, CLEARE, COONEY, FERNANDEZ,
   GIANARIS, GONZALEZ, GOUNARDES, HARCKHAM, HINCHEY, HOYLMAN-SIGAL, JACK-
   SON, MAYER, RIVERA, SALAZAR, SERRANO, SKOUFIS, STAVISKY, WEBB --  read
   twice  and  ordered  printed,  and when printed to be committed to the
   Committee on Labor --  committee  discharged,  bill  amended,  ordered
   reprinted  as  amended  and recommitted to said committee -- committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 AN ACT to amend the labor law, in relation to  requiring  retail  worker
   employers  to  develop  and  implement  programs  to prevent workplace
   violence
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  This  act  shall be known and may be cited as the "retail
 worker safety act".
   § 2.  The labor law is amended by adding a new section 27-e to read as
 follows:
   § 27-E. PREVENTION OF RETAIL WORKPLACE VIOLENCE. 1.  DEFINITIONS.  FOR
 THE PURPOSES OF THIS SECTION:
   A.  "EMPLOYER"  MEANS ANY PERSON, ENTITY, BUSINESS, CORPORATION, PART-
 NERSHIP, LIMITED LIABILITY COMPANY, OR AN ASSOCIATION EMPLOYING AT LEAST
 TEN RETAIL EMPLOYEES. THE TERM SHALL NOT INCLUDE THE  STATE,  ANY  POLI-
 TICAL SUBDIVISION OF THE STATE, A PUBLIC AUTHORITY, OR ANY OTHER GOVERN-
 MENTAL AGENCY OR INSTRUMENTALITY.
   B.  "RETAIL  EMPLOYEE" MEANS AN EMPLOYEE WORKING AT A RETAIL STORE FOR
 AN EMPLOYER.
   C. "WORKPLACE" MEANS ANY LOCATION AWAY FROM  AN  EMPLOYEE'S  DOMICILE,
 PERMANENT OR TEMPORARY, WHERE AN EMPLOYEE PERFORMS ANY WORK-RELATED DUTY
 IN THE COURSE OF THEIR EMPLOYMENT BY AN EMPLOYER.
   D.  "RETAIL  STORE"  MEANS  A STORE THAT SELLS CONSUMER COMMODITIES AT
 RETAIL AND WHICH IS NOT PRIMARILY  ENGAGED  IN  THE  SALE  OF  FOOD  FOR
 CONSUMPTION ON THE PREMISES.
   E. "PANIC BUTTON" MEANS A PHYSICAL BUTTON INSTALLED IN EASILY ACCESSI-
 BLE  LOCATIONS THROUGHOUT THE WORKPLACE, OR A WEARABLE, OR MOBILE PHONE-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

co-Sponsors

2023-S8358C (ACTIVE) - Details

See Assembly Version of this Bill:
A8947
Law Section:
Labor Law
Laws Affected:
Add §27-e, Lab L

2023-S8358C (ACTIVE) - Summary

Establishes the retail worker safety act requiring retail worker employers to develop and implement programs to prevent workplace violence; directs the department of labor to produce a model workplace violence prevention training program; requires employers to provide training on such programs; requires the installation of panic buttons at certain workplaces or wearable or mobile phone-based panic buttons to be provided.

2023-S8358C (ACTIVE) - Sponsor Memo

2023-S8358C (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8358--C
     Cal. No. 1055
 
                             I N  S E N A T E
 
                             January 22, 2024
                                ___________
 
 Introduced  by  Sens.  RAMOS,  BRISPORT, CHU, CLEARE, COONEY, FERNANDEZ,
   GIANARIS, GONZALEZ, GOUNARDES, HARCKHAM, HINCHEY, HOYLMAN-SIGAL, JACK-
   SON, LIU, MAYER, RIVERA, SALAZAR, SERRANO, SKOUFIS, STAVISKY, WEBB  --
   read  twice  and  ordered printed, and when printed to be committed to
   the Committee on Labor -- committee discharged, bill amended,  ordered
   reprinted  as  amended  and recommitted to said committee -- committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee -- reported favorably from said  committee,  ordered
   to  first  and  second report, ordered to a third reading, amended and
   ordered reprinted, retaining its place in the order of third reading
 
 AN ACT to amend the labor law, in relation to  requiring  retail  worker
   employers  to  develop  and  implement  programs  to prevent workplace
   violence
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  This  act  shall be known and may be cited as the "retail
 worker safety act".
   § 2. The labor law is amended by adding a new section 27-e to read  as
 follows:
   §  27-E.  PREVENTION OF RETAIL WORKPLACE VIOLENCE. 1. DEFINITIONS. FOR
 THE PURPOSES OF THIS SECTION:
   A. "EMPLOYER" MEANS ANY PERSON, ENTITY, BUSINESS,  CORPORATION,  PART-
 NERSHIP, LIMITED LIABILITY COMPANY, OR AN ASSOCIATION EMPLOYING AT LEAST
 TEN  RETAIL  EMPLOYEES.  THE TERM SHALL NOT INCLUDE THE STATE, ANY POLI-
 TICAL SUBDIVISION OF THE STATE, A PUBLIC AUTHORITY, OR ANY OTHER GOVERN-
 MENTAL AGENCY OR INSTRUMENTALITY.
   B. "RETAIL EMPLOYEE" MEANS AN EMPLOYEE WORKING AT A RETAIL  STORE  FOR
 AN EMPLOYER.
   C.  "WORKPLACE"  MEANS  ANY LOCATION AWAY FROM AN EMPLOYEE'S DOMICILE,
 PERMANENT OR TEMPORARY, WHERE AN EMPLOYEE PERFORMS ANY WORK-RELATED DUTY
 IN THE COURSE OF THEIR EMPLOYMENT BY AN EMPLOYER.
   D. "RETAIL STORE" MEANS A STORE THAT  SELLS  CONSUMER  COMMODITIES  AT
 RETAIL  AND  WHICH  IS  NOT  PRIMARILY  ENGAGED  IN THE SALE OF FOOD FOR
 CONSUMPTION ON THE PREMISES.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

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