MARVIN MANDEL, Governor

3555

AUTHORITY, every non-managerial OR NON-PROFESSIONAL
person employed by any employer in a retail OR WHOLESALE
establishment, as a matter of right, shall be entitled to
choose as a day of rest his Sabbath, OR MAY CHOOSE SUNDAY
AS A DAY OF REST, IF HE DOES NOT 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 this
Sabbath] SUCH DAY as a day of rest, no employer may
discharge, discipline, DISCRIMINATE AGAINST 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
employee 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.

3.    IN ANY APPLICATION FOR FULL-TIME EMPLOYMENT,
NO EMPLOYER MAY REQUIRE ANY PROSPECTIVE EMPLOYEE FOR
FULL-TIME EMPLOYMENT TO ANSWER ANY QUESTION AS TO WHETHER
OR NOT THE EMPLOYEE CHOOSES HIS SABBATH OR SUNDAY AS A
DAY OF REST.

4.    ANY EMPLOYER, WHO VIOLATES SECTION 534H, IS
GUILTY OF A MISDEMEANOR AND SHALL, UPON CONVICTION, BE
FINED NOT LESS THAN $250 NOR MORE THAN $500 FOR EACH
OFFENSE. IN THE EVENT AN EMPLOYER COMPELS A
NON-MANAGERIAL OR NON-PROFESSIONAL EMPLOYEE TO WORK ON
HIS CHOSEN DAY OF REST IN VIOLATION OF SECTION 534H, THAT
EMPLOYER SHALL BE LIABLE TO THE AGGRIEVED EMPLOYEE FOR
WAGES AT THE RATE OF THREE TIMES THE EMPLOYEE'S REGULAR
RATE OF PAY FOR ALL HOURS WORKED BY THAT EMPLOYEE ON HIS
CHOSEN DAY OF REST.

NOTHING CONTAINED IN THIS SECTION MAY BE CONSTRUED
TO PERMIT ANY FINE OR PENALTY AGAINST ANY SUPERVISORY
EMPLOYEE OR AGENT WHO HAS BEEN CAUSED, DIRECTED OR
AUTHORIZED BY HIS EMPLOYER TO VIOLATE ANY PROVISION OF
SECTION 534H, IN WHICH CASE THE EMPLOYER SHALL BE SUBJECT
TO THE SANCTIONS PRESCRIBED BY THIS SECTION.

5.    FOR THE PURPOSES OF THIS SECTION, A MANAGERIAL
EMPLOYEE SHALL MEAN ANY EMPLOYEE WHO IS NOT COVERED BY A
COLLECTIVE BARGAINING AGREEMENT; AND

(A) WHOSE PRIMARY DUTIES CONSIST OF THE