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HB 1238 Louisiana House · 2026 Regular Session

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

This bill, known as the Louisiana Behind the Counter Protection Act, strengthens penalties for crimes committed against employees working at retail and food service counters, drive-through windows, or similar customer service points. It increases the maximum fines and prison sentences for simple assault and battery when the victim is an employee performing their duties at a regulated establishment. Additionally, the law requires businesses to display a specific warning sign informing the public that workplace violence against these employees is a crime. The act defines workplace violence broadly to include physical attacks, threats, intimidation, and verbal abuse directed at staff while they are on the job.
Issues: ✓ Criminal JusticeSupports Criminal JusticeBill strengthens penalties for crimes against retail employees, enhancing protection for workers and victims within the criminal justice system.90% confidence ✓ Labor & EmploymentSupports Labor & EmploymentBill strengthens penalties for crimes against retail employees, enhancing workplace safety and protecting workers' rights.90% confidence
Bill status signed all 5 stages cleared
Introduction
Apr 2026
Committee Review
May 2026
House Passage
Apr 2026
Senate Passage
May 2026
Signed into Law
May 2026
Introduced Apr 10, 2026 Signed May 22, 2026
Maddy AI version diff · 3 comparisons

What changed between versions

HB1238 Original → HB1238 Act 342 · 3 edits
MINOR
This bill was finalized into law (Act 342) to protect retail and service workers from workplace violence. It establishes the 'Louisiana Behind the Counter Protection Act,' which defines specific terms like 'employee' and 'workplace violence' and mandates that businesses display warning signs. The law creates stricter criminal penalties for assaulting or battering employees at regulated establishments compared to the general public.
Scope change
The bill's scope was expanded to explicitly cover employees working at regulated establishments (such as those behind counters or at drive-through windows) and to require specific warning signage at these locations.
DEFINITION

New definitions were added for 'Department' (Louisiana Works), 'Employee' (workers at transaction points), and 'Workplace violence' (including threats and intimidation).

REQUIREMENT

Regulated establishments are now required to display specific warning signs stating that workplace violence is a crime.

ENFORCEMENT

Penalties for assaulting or battering employees at regulated establishments were increased to include higher fines and longer potential jail sentences compared to general simple assault.

Floor votes · Senate May 13, 2026 · House Apr 20, 2026

How they voted

30–1
Passed · 9 other
Total votes 40
May 13, 2026
D Democratic12
8 Yea 1 Nay 3
66% Yea
R Republican28
22 Yea 6
78% Yea
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
17
Key actions
4
Committee
3
May 13, 2026
Upper · Passed
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.
upper
May 4, 2026
Committee
Read by title and referred to the Legislative Bureau.
upper
Apr 29, 2026
Upper · Passed
Reported favorably.
upper
Apr 20, 2026
Lower · Passed
Read third time by title, roll called on final passage, yeas 95, nays 0. Finally passed, title adopted, ordered to the Senate.
lower
Apr 13, 2026
Lower · Passed
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).
lower
1 primary · 0 co-sponsors

Sponsors

Role
Legislator
Party
State
District
P
Photo of Dixon McMakin
Dixon McMakin
RRepublican
LA
68