MARVIN MANDEL, Governor

3599

WHETHER OR NOT THE [[EMPLOYER]] EMPLOYEE CHOOSES HIS
SABBATH OR SUNDAY AS A DAY OF REST. FOR THE PURPOSES OF
THIS SECTION A FULL-TIME EMPLOYEE IS ONE WHOSE NORMAL
WORK WEEK IS 25 HOURS OR MORE.

4.      FOR THE PURPOSES OF THIS SECTION, A
MANAGERIAL EMPLOYEE IS AN EMPLOYEE WHO IS NOT COVERED BY
A COLLECTIVE BARGAINING AGREEMENT AND:

(A)     WHOSE PRIMARY DUTIES CONSIST OF
THE MANAGEMENT OF THE ENTERPRISE IN WHICH HE IS EMPLOYED
OR OF A CUSTOMARILY RECOGNIZED DEPARTMENT OR SUBDIVISION
THEREOF; AND

(B)     WHO CUSTOMARILY AND REGULARLY
DIRECTS THE WORK OF TWO OR MORE OTHER EMPLOYEES; AND

(C)     WHO EITHER HAS THE AUTHORITY TO
HIRE OR FIRE OTHER EMPLOYEES OR WHOSE SUGGESTIONS AND
RECOMMENDATIONS AS TO THE HIRING AND FIRING AND AS TO THE
ADVANCEMENT AND PROMOTION OR AMY OTHER CHANGE OF STATUS
OF OTHER EMPLOYEES WILL BE GIVEN PARTICULAR WEIGHT; AND

(D)     WHO CUSTOMARILY AND REGULARLY
EXERCISES DISCRETIONARY POWERS.

5.      FOR THE PURPOSES OF THIS SECTION, A
PROFESSIONAL EMPLOYEE IS AN EMPLOYEE WHOSE PRIMARY DUTIES
CONSIST OF THE PERFORMANCE OF WORK REQUIRING KNOWLEDGE OF
AN ADVANCED TYPE IN A FIELD OF SCIENCE OR LEARNING
CUSTOMARILY ACQUIRED BY A PROLONGED COURSE OF SPECIALIZED
INTELLECTUAL INSTRUCTION AND STUDY.

6. NOTWITHSTANDING ANY AGREEMENT TO THE
CONTRARY, NO MERCHANT MAY BE REQUIRED TO OPEN HIS PLACE
OF BUSINESS ON SUNDAY.

[[6.]] 7. ANY EMPLOYER WHO VIOLATES SECTION
534J IS GUILTY OF A MISDEMEANOR AND, UPON CONVICTION
THEREOF, SHALL BE FINED NOT LESS THAN TWO HUNDRED FIFTY
DOLLARS NOR MORE THAN FIVE HUNDRED DOLLARS FOR EACH
EMPLOYEE INVOLVED, OR FOR EACH OFFENSE, WHICHEVER SHALL
BE THE GREATER. AN EMPLOYER WHO COMPELS A NON-MANAGERIAL
OR NON-PROFESSIONAL EMPLOYEE TO WORK ON THE EMPLOYEE'S
CHOSEN DAY OF REST IN VIOLATION OF SECTION 534J SHALL BE
LIABLE TO THE EMPLOYEE FOR WAGES AT THE RATE OF THREE
TIMES THE EMPLOYEE'S REGULAR RATE OF PAY FOR ALL HOURS
WORKED BY THE EMPLOYEE ON HIS CHOSEN DAY OF REST. THE
FOREGOING SENTENCE SHALL APPEAR IN ANY APPLICATION FORM
FOR EMPLOYMENT.

NOTHING CONTAINED HEREIN SHALL BE CONSTRUED TO
PERMIT ANY FINE OR PENALTY AGAINST ANY SUPERVISORY
EMPLOYEE OR AGENT WHO HAS BEEN CAUSED, DIRECTED OR