On August 1, 2026, Louisiana’s Behind the Counter Protection Act (LBCPA) will expand Louisiana’s existing labor and employment laws by establishing new employment provisions and criminal penalties for threats and acts of workplace violence committed against customer-facing workers. The law applies primarily to workers in retail stores, restaurants, convenience stores, gas stations, pharmacies, and similar customer-facing establishments.
Workplace Violence Defined
The Act defines workplace violence broadly to include:
- Assault
- Battery
- Robbery
- Intimidation
- Verbal abuse
- Threats involving a weapon
- Any conduct that places an employee in reasonable fear of physical harm while performing job duties
This broad definition reflects a growing recognition that workplace violence extends beyond physical attacks and may include threats and intimidating behavior that undermine employee safety.
Criminal Penalties
Under the Act, offenders are subject to enhanced criminal penalties. A simple assault committed against a protected employee may result in a fine of up to $1,000 and/or imprisonment for not more than six months. A simple battery committed against a protected employee may result in a fine of up to $2,000 and/or imprisonment for no more than two years.
Employer Requirements
The Act does not require employers to take any specific action. However, it permits employers to display signage on their premises containing the following statement in forty-eight-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.”
For employers interested in displaying this signage, Louisiana Works will furnish a sign that conforms to the specifications described above and make it available for employers to display on their premises.
Takeaways
Although the LBCPA does not impose significant obligations on employers, OSHA’s General Duty Clause still requires employers to provide a workplace free from recognized hazards that are likely to cause death or serious physical harm. Workplace violence remains a focus area for regulators, particularly in industries that involve direct interaction with the public. Retail establishments should consider posting the available notice as part of their overarching workplace violence prevention strategy.
Louisiana employers should review their current workplace violence prevention policies and procedures to ensure they adequately address potential risks in customer-facing environments.
Seyfarth Shaw will continue to monitor developments and provide updates regarding workplace violence compliance and best practices. Additionally, Seyfarth Shaw’s Workplace Safety and Environmental Team can assist employers in reviewing current policies and procedures and developing strategies to promote a safer workplace.