On September 30, 2026, the New York State Department of Labor (NYSDOL) issued a proposed rule on the “Prevention of Retail Workplace Violence” prior to the upcoming effective date for the New York Retail Worker Safety Act’s (the “Act”) silent response button provision.
Beginning January 1, 2027, the Act will require covered retailers to provide a silent response button, a tool that allows employees to discreetly request immediate assistance during emergencies, as we addressed in a past blog post. The proposed rule provides guidance on what counts as a silent response button under the Act, employer coverage, and other important considerations for New York retail employers.
Does the Rule Apply to You?
While the proposed rule broadly defines “employer” as anyone who employs at least ten retail employees, only employers with 500 or more “retail employees” across New York are required to provide silent response buttons to employees and fulfill accompanying responsibilities. A “retail employee” is one who works at a store that “sells consumer commodities at retail and which is not primarily engaged in the sale of food for consumption on the premises.”
Employers with at least ten but fewer than 500 retail employees are bound by the rule’s tracking restrictions, instruction requirement, and retaliation provisions. These employers may choose, but are not required, to provide silent response buttons to employees.
The Workplace Violence Prevention Framework
Silent Response Buttons
A “silent response button” is designed to allow retail employees to silently request immediate aid from a security officer, manager, or supervisor during workplace emergencies. The proposed rules explain that permissible silent response buttons include:
- Physical devices installed in the workplace that are easily accessible to employees,
- Wearable devices, and
- Mobile phone applications.
Employers with at least 500 retail employees are required to provide each employee with a silent response button. The obligation to provide all employees with a silent response button can be satisfied by installing multiple devices around the workplace, so long as each employee can easily access at least one of the buttons while working — even if multiple employees are directed to the same button.
Restrictions
If an employer chooses to use mobile phone-based or wearable silent response buttons, these technologies may only track an employee’s location when emergency aid has been requested.
Further, if using a mobile phone-based button, employers cannot require employees to download silent response mobile applications on their personal phones — the software can only be installed on employer-provided devices.
Employee Instructions and Training
Covered employers must provide their employees with written instructions on how to use the devices. No other form of training on the use of the silent response buttons is required under the proposed rules.
While the NYSDOL provides a Model Workplace Violence Prevention Training that addresses pre-existing requirements under the Act, the model training has not yet been amended to include model silent response button instructions.
Retaliation
Employers are prohibited from taking adverse action against employees who trigger employer-provided silent response buttons by accident or in good faith.
What’s Next?
The comment period for the proposed rule expires on November 29, 2026. Some of these matters may be addressed in the NYSDOL’s future comment responses or in the final rule, which may be published in early 2027.
EBG will monitor the proposed rule’s progress and provide updates as further guidance becomes available.
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Taylor Justice (Law Clerk – Admission Pending) in the firm’s Columbus office contributed to the preparation of this article.
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The Workforce Bulletin blog is currently edited by Adam S. Forman, Greta Ravitsky, Elizabeth S. Torkelsen, and Jennifer Stefanick Barna.
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Member of the Firm
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Law Clerk - Admission Pending