HB1238 • 2026

LABOR: Enacts the Louisiana Behind the Counter Protection Act (EN SEE FISC NOTE GF EX See Note)

Crime Labor

Enacted

This bill passed the Legislature and reached final enactment based on the latest official action.

Sponsor: Dixon McMakin
Last action: 2026-05-22
Official status: Signed by the Governor - Act 342
Effective date: Not listed

Plain English Breakdown

The official source material does not specify which businesses must display the warning signs, only that regulated establishments may do so.

Louisiana Behind the Counter Protection Act

This act increases penalties for workplace violence against employees working behind counters or at checkout stations in retail and food service establishments.

What This Bill Does

Increases fines and jail time for people who assault or batter employees working behind counters, at checkout areas, drive-through windows, customer service desks, or similar points of transaction in regulated establishments.
Defines 'workplace violence' as any act of violence or credible threat that could harm an employee while they are doing their job.

Who It Names or Affects

Employees who work behind counters, at checkout stations, drive-through windows, customer service desks, or similar points of transaction in regulated establishments.
Regulated establishments may display signs warning customers about the consequences of workplace violence against employees.

Terms To Know

regulated establishment: A business where employees work behind counters or at checkout stations, such as a grocery store or fast-food restaurant.
workplace violence: Any act of violence or credible threat that could harm an employee while they are doing their job.

Limits and Unknowns

The law does not require regulated establishments to display warning signs, only allows them to do so.
It is unclear how strictly this new law will be enforced and what resources will be provided to help enforce it.

Bill History

2026-05-22 H
Effective date: 08/01/2026.
2026-05-22 H
Signed by the Governor. Becomes Act No. 342.
2026-05-19 H
Sent to the Governor for executive approval.
2026-05-18 S
Signed by the President of the Senate.
2026-05-18 H
Enrolled and signed by the Speaker of the House.
2026-05-18 H
Received from the Senate without amendments.
2026-05-13 S
Rules suspended. Read by title, passed by a vote of 29 yeas and 1 nays, and ordered returned to the House. Motion to reconsider tabled.
2026-05-05 S
Reported without Legislative Bureau amendments. Read by title and passed to third reading and final passage.
2026-05-04 S
Read by title and referred to the Legislative Bureau.
2026-04-29 S
Reported favorably.
2026-04-21 S
Read second time by title and referred to the Committee on Labor and Industrial Relations.
2026-04-20 S
Received in the Senate. Rules suspended. Read first time by title and placed on the Calendar for a second reading.
2026-04-20 H
Read third time by title, roll called on final passage, yeas 95, nays 0. Finally passed, title adopted, ordered to the Senate.
2026-04-15 H
Scheduled for floor debate on 04/20/2026.
2026-04-14 H
Read by title, ordered engrossed, passed to 3rd reading.
2026-04-13 H
Read by title, substitute title adopted, lies over in the same order of business, substitute for HB No. 422 reported by the Committee on Labor and Industrial Relations (6-4).
2026-04-10 H
Read by title.

Official Summary Text

LABOR: Enacts the Louisiana Behind the Counter Protection Act (EN SEE FISC NOTE GF EX See Note)

Current Bill Text

Read the full stored bill text

ENROLLED
ACT No. 3422026 Regular Session
HOUSE BILL NO. 1238 (Substitute for House Bill No. 422 by Representative McMakin)
BY REPRESENTATIVE MCMAKIN
1 AN ACT
2 To amend and reenact R.S. 14:35(B) and 38(B) and to enact Part III of Chapter 3 of Title 23
3 of the Louisiana Revised Statutes of 1950, to be comprised of R.S. 23:271 through
4 274, relative to workplace violence in retail and food service establishments; to
5 provide a short title; to provide definitions; to prohibit workplace violence against
6 an employee of a regulated establishment; to provide enhanced penalties for
7 offenders who commit certain crimes against an employee of a regulated
8 establishment; to provide for signage; and to provide for related matters.
9 Be it enacted by the Legislature of Louisiana:
10 Section 1. R.S. 14:35(B) and 38(B) are hereby amended and reenacted to read as
11 follows:
12 §35. Simple battery
13 * * *
14 B.(1) Whoever commits a simple battery shall be fined not more than one
15 thousand dollars or imprisoned for not more than six months, or both.
16 (2) Whoever commits a simple battery against an employee of a regulated
17 establishment shall be fined not more than two thousand dollars or imprisoned, with
18 or without hard labor, for not more than two years, or both.
19 * * *
20 §38. Simple assault
21 * * *
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
HB NO. 1238 ENROLLED
1 B.(1) Whoever commits a simple assault shall be fined not more than two
2 hundred dollars, or imprisoned for not more than ninety days, or both.
3 (2) Whoever commits a simple assault against an employee of a regulated
4 establishment shall be fined not more than one thousand dollars or imprisoned for
5 not more than six months, or both.
6 Section 2. Part III of Chapter 3 of Title 23 of the Louisiana Revised Statutes of 1950,
7 comprised of R.S. 23:271 through 274, is hereby enacted to read as follows:
8 PART III. THE LOUISIANA BEHIND THE COUNTER PROTECTION ACT
9 §271. Short title
10 This Part shall be known and may be cited as the "Louisiana Behind the
11 Counter Protection Act".
12 §272. Definitions
13 As used in this Part, the following terms have the meanings ascribed to them:
14 (1) "Department" means Louisiana Works.
15 (2) "Employee" means an employee who engages in duties at or behind a
16 checkout station, service counter, drive-through window, customer service desk, or
17 similar place or structure utilized as the point of transaction for an employee and a
18 customer.
19 (3) "Workplace violence" means any act of violence or credible threat of
20 violence, including but not limited to assault, battery, robbery, intimidation, verbal
21 abuse, threats with a weapon, or any conduct that places an employee in reasonable
22 fear of physical harm or is directed at an employee while he is performing his duties
23 at a regulated establishment.
24 §273. Prohibition against workplace violence; penalties
25 No person shall commit the offense of workplace violence against an
26 employee of a regulated establishment. Whoever commits the offense of workplace
27 violence against an employee of a regulated establishment shall be charged with any
28 of the following crimes as appropriate:
29 (1) Simple assault as defined in R.S. 14:38(B)(2).
30 (2) Simple battery as defined in R.S. 14:35(B)(2).
Page 2 of 3
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
HB NO. 1238 ENROLLED
1 §274. Signage
2 A. A regulated establishment may display at its premises at least one sign
3 that contains the following statement in forty-eight point boldface font:
4 "WARNING: Workplace violence against an employee is a crime and will not be
5 tolerated. Such acts may result in arrest and criminal conviction under Louisiana law."
6 B. The department shall prescribe and furnish a sign that conforms with the
7 specifications provided for in Subsection A of this Section. The department shall
8 make the sign readily accessible for or distribute the sign to a regulated
9 establishment.
SPEAKER OF THE HOUSE OF REPRESENTATIVES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED:
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.