3150

LAWS OF MARYLAND

Ch. 864

(VI) DEALERS IN BOATS AND BOATING
EQUIPMENT, AND DEALERS IN FISHING EQUIPMENT AND SUPPLIES.

(B) THE PROVISIONS OF SECTION 534N DO NOT APPLY ON THE
4 CONSECUTIVE SUNDAYS THAT IMMEDIATELY PRECEDE DECEMBER 25.

(B) (C) THIS SECTION MAY NOT BE CONSTRUED TO PERMIT
ANY NEW OR USED CAR DEALER TO SELL, DISPOSE, BARTER, DEAL
IN, DELIVER, GIVE AWAY, SHOW, OR OFFER FOR SALE ANY MOTOR
VEHICLE OR ANY CERTIFICATE OF TITLE FOR ANY MOTOR VEHICLE ON
SUNDAY.

534N-3.

(A)  THE PROVISIONS OF THIS SECTION APPLY TO ANY RETAIL
AND ESTABLISHMENT OR WHOLESALE ESTABLISHMENT THAT OPERATES
IN ANNE ARUNDEL COUNTY ON ANY SUNDAY.

(B)  AS USED IN THIS SECTION:

(1)  A MANAGERIAL EMPLOYEE IS AN EMPLOYEE WHO IS
NOT COVERED BY A COLLECTIVE BARGAINING AGREEMENT AND:

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

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

(III)  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 ANY OTHER CHANGE OF STATUS OF
OTHER EMPLOYEES WILL BE GIVEN PARTICULAR WEIGHT; AND

(IV)  WHO CUSTOMARILY AND REGULARLY
EXERCISES DISCRETIONARY POWERS.

(2)  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.

(C) (1) EXCEPT IN CASES OF AN EMERGENCY DECLARED BY
THE FEDERAL, STATE, OR COUNTY GOVERNMENT, EVERY
NONMANAGERIAL OR NONPROFESSIONAL PERSON EMPLOYED IN ANY
RETAIL OR WHOLESALE ESTABLISHMENT MAY CHOOSE SUNDAY OR HIS
SABBATH AS A DAY OF REST AND, UPON THE FILING OF WRITTEN
NOTICE BY THE EMPLOYEE WITH THE EMPLOYER THAT THE EMPLOYEE
CHOOSES THIS 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.