Louisiana’s ‘Behind the Counter Protection Act’: What Retail and Food-Service Employers Need to Know

Quick Hits

• Louisiana’s newly enacted workplace violence prevention law, the “Louisiana Behind the Counter Protection Act,” will take effect on August 1, 2026.
• The law gives employees in customer-facing roles, primarily in retail and hospitality establishments, stronger protection against violence at work.
• The new law increases criminal penalties against offenders for threats and acts of violence against covered employees.

Louisiana’s ‘Behind the Counter Protection Act’

The “Louisiana Behind the Counter Act” (House Bill No. 1238/Act No. 342) expands Louisiana’s existing labor and employment laws, establishing new employment provisions and criminal penalties for threats and acts of workplace violence committed against customer-facing workers. The law specifically prohibits workplace violence against employees who interact with customers at points of transaction, such as checkout counters, service desks, or drive-through windows. Under the new law, “workplace violence” is defined as “any act of violence or credible threat of violence, including but not limited to” the following:

• “assault”;
• “battery”;
• “robbery”;
• “intimidation”;
• “verbal abuse”;
• “threats with a weapon”; or
• “any conduct that places an employee in reasonable fear of physical harm or is directed at an employee while he is performing his duties at a regulated establishment.”

Additionally, businesses with covered employees may display signage to deter workplace violence and caution customers that workplace violence is a crime under Louisiana law. The signage can be obtained through Louisiana Works.

Criminal Penalties

The new law also increases criminal penalties against offenders for violence against covered employees. Prior to this law, simple assault and simple battery carried the same penalties regardless of the victim’s employment status. The new law increases the fines and imprisonment terms for simple battery and simple assault when those offenses are directed at an employee of a business where the employees interact with customers at points of transaction, such as checkout counters, service desks, or drive-through windows.

A simple battery conviction against a covered employee now carries a potential $2,000 fine and/or imprisonment “for not more than two years.” A simple assault conviction against a covered employee now carries a potential $1,000 fine and/or imprisonment for not more than six months.”

Key Takeaways for Employers

Retail, food service, and other businesses with employees who interact with customers at points of transaction, such as checkout counters, drive-through windows, or service desks, may want to audit their workforces to assess whether their employees are covered under the new law.

Louisiana employers with workplace violence prevention policies should review those policies and consider whether to incorporate the law’s “workplace violence” definition and whether to revise employee training to address workplace violence.

Posting signage, while not mandatory, may have practical implications, including preventing violence against employees, boosting employee morale, and demonstrating commitment to employee safety.

Ogletree Deakins’ New Orleans office will continue to monitor developments and will provide updates on the Hospitality, Louisiana, Retail, Workplace Safety and Health, and Workplace Violence Prevention blogs as additional information becomes available.

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