Louisiana’s Behind The Counter Protection Act Expands Workplace Violence Protections

The Louisiana Behind the Counter Protection Act (“LBCPA”), which took effect on August 1, 2026, aims to deter workplace violence against employees who work directly with the public inretail, restaurant, and other customer-facing businesses.¹ The Act strengthens criminal penalties for certain acts of violence against employees working at checkout stations, service counters, drive-through windows, customer service desks, and similar points of transaction.

Although the LBCPA does not impose new compliance obligations on employers, Louisiana businesses with covered employees should understand the law and consider incorporating its protections into their existing workplace-safety practices.

Who is Protected?

The LBCPA defines an “employee” as an individual who performs duties at or behind a checkout station, service counter, drive-through window, customer service desk, or similar location used as a point of transaction between an employee and a customer.

“Workplace violence” is defined broadly to include acts of violence or credible threats of violence, including assault, battery, robbery, intimidation, verbal abuse, threats involving a weapon, and other conduct that places an employee in reasonable fear of physical harm while performing job duties.

The Act is expressly directed toward workplace violence in retail and food-service establishments and applies its protections to employees of a “regulated establishment.” Notably, however, the Act does not separately define the term “regulated establishment.”

Enhanced Criminal Penalties

The LBCPA enhances Louisiana’s criminal penalties for simple battery and assault when those offenses are committed against an employee of a regulated establishment.

A person who commits simple battery against an employee of a regulated establishment may face a fine of up to $2,000, imprisonment for up to two years, with or without hard labor, or both.² A person who commits simple assault against a covered employee may face a fine of up to $1,000, imprisonment for up to six months, or both.³

What Does the Act Require of Employers?

The Act does not establish a new mandatory workplace violence prevention, training, or reporting program for employers.

Instead, the Actpermits (but does not require) regulated establishments to display a workplace violence warning sign containing the following language in 48-point boldface font:

“WARNING: Workplace violence against an employee is a crime and will not be tolerated. Such acts may result in arrest and criminal conviction under Louisiana law.”

Louisiana Works has made a downloadable sign available to employers and recommends that the sign be placed in a conspicuous location near the entrance and counter area.

Steps Employers Should Consider

Although the LBCPA does not impose new compliance requirements, Louisiana employers with employees who regularly interact with customers should consider whether the law warrants updates to their workplace safety practices.

As a practical matter, regulated establishments should consider posting the Louisiana Works warning sign. Employers may also wish to remind managers and employees of existing procedures for responding to threatening or violent customers, contacting law enforcement, reporting workplace incidents, and documenting incidents promptly.

Footnotes

1. See HB 1238 / Act 342 of the 2026 Regular Session.

2. Simple battery generally carries a maximum $1,000 fine, imprisonment for up to six months, or both.

3. Simple assault generally carries a maximum $200 fine, imprisonment for up to 90 days, or both.