This month, New York became the second state to enact legislation (SB 8358 and AB 8947) requiring retail stores to create model workplace violence prevention plans and training to protect employees from violence associated with smash-and-grab robberies.
The legislation, based on a bill enacted in California last year, also requires retailers with 500 or more employees nationwide to install panic buttons in all stores across the state and hire security guards at stores with a history of violent thefts, a significant addition from California’s version.
As states try to reverse the trend of retail theft through broadly increasing punishment for thieves, some lawmakers want to ensure retailers are safeguarding their stores and employees. In 2023, California lawmakers enacted the nation’s first general workplace violence prevention act (CA SB 533) which requires nearly all employers in the state to develop a workplace violence prevention plan and provide training for their employees.
While these proposals are well-intentioned, most major retail outlets already have policies to protect their workers and provide training for their employees on how best to handle suspected thieves. In addition, proposals focusing on retail worker safety could signal a shift away from increased enforcement of criminal activity for some lawmakers.
In New York, the retail community has specifically expressed concern that the measure’s language regarding “panic buttons” in stores does little to prevent repeat theft offenders from re-entering stores. Governor Kathy Hochul (D) left the door open for lawmakers to reexamine the “panic button” provision next session, according to a chapter amendment filed with SB 8358.
In the memo, the Governor reported having reached an agreement with the State Legislature to enact changes to the language on “in-store emergency notification mechanisms” for retail workers. Specific details have yet to emerge on those changes, but it is expected that lawmakers will replace the panic button requirement with a more targeted notification system to alert security officers and supervisors.
Elsewhere, Minnesota lawmakers also considered a retail worker safety mandate (SF 4383 & HF 3528) this session, but both bills were left in committee.
And finally, no action was taken this year on bills in New York (SB 7639 and AB 7976), Tennessee (SB 2575), and Washington (SB 5259) that would make it illegal for an employer to take any adverse action against an employee who confronts or reports a retail theft. These proposals have been introduced as a reaction to some retailers who train employees not to intervene in active thefts for their own protection and safety.
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