1556                                        LAWS OF MARYLAND                       [Ch. 384

534J.

(c) Nothing in this section applies to;

1. Farmers

2. Nurserymen

3. [[Small]] ANY business with not more than six

[[(6)]] persons on any one shift ON SUNDAY with the

exception of persons or retailers engaged in the sale of
motor vehicles.

SECTION 2. AND BE IT FURTHER ENACTED. That new
Sections 534H(k) and 534J(k) be and they are hereby added
to Article 27 — Crimes and Punishments, of the Annotated
Code of Maryland (1971 Replacement Volume and 1973
Supplement), to read as follows:

534H.

(K) RETAIL ESTABLISHMENTS OPERATING ON SUNDAY SHALL
OPERATE SUBJECT TO THE FOLLOWING:

1.  EXCEPT IN CASES OF DEMONSTRABLE EMERGENCY, EVERY
NON-MANAGERIAL PERSON EMPLOYED BY ANY EMPLOYER IN A
RETAIL ESTABLISHMENT, AS A MATTER OF RIGHT. SHALL BE
ENTITLED TO CHOOSE AS A DAY OF REST HIS SABBATH. AND UPON
THE FILING OF WRITTEN NOTICE BY THE EMPLOYEE WITH THE
EMPLOYER THAT THE EMPLOYEE CHOOSES HIS SABBATH AS A DAY
OF REST, NO EMPLOYER MAY DISCHARGE, DISCIPLINE OR
PENALIZE THE EMPLOYEE IN ANY MANNER FOR EXERCISING HIS
RIGHTS UNDER THIS SUBSECTION.

2.   ANY EMPLOYER MAY REQUIRE ALL NON-MANAGERIAL
PERSONS EMPLOYED IN A RETAIL ESTABLISHMENT. AS A

CONDITION__OF__EMPLOYMENT, TO DESIGNATE IN WRITING WITHIN

30 DAYS FOLLOWING THE DATE OF EMPLOYMENT, OR IN THE CASE
OF EMPLOYEES PRESENTLY EMPLOYED, WITHIN 30 DAYS FOLLOWING
THE EFFECTIVE DATE OF THIS SUBSECTION, WHETHER THE
EMPLOYES CHOOSES AS A DAY OF REST HIS SABBATH. IN THE

EVENT__THE EMPLOYEE DESIRES TO CHANGE HIS WRITTEN

DESIGNATION DURING THE COURSE OF HIS EMPLOYMENT. HE MAY

DO SO PROVIDED__THAT HE FIRST FILES WITH HIS EMPLOYER

WRITTEN NOTICE OF THAT CHANGE NO LATER THAN 30 DAYS PRIOR
TO ITS EFFECTIVE DATE.

534J.

(K) RETAIL ESTABLISHMENTS OPERATING ON SUNDAY SHALL
OPERATE SUBJECT TO THE FOLLOWING:

1. EXCEPT IN CASES OF DEMONSTRABLE EMERGENCY, EVERY