HARRY HUGHES, Governor

3151

(2)  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)  EMPLOYERS MAY NOT REQUIRE, IN ANY
APPLICATION FORM FOR FULL-TIME EMPLOYMENT, ANY PROSPECTIVE
EMPLOYEE TO ANSWER ANY QUESTION AS TO WHETHER OR NOT THE
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.

(D) IN ANNE ARUNDEL COUNTY, NOTWITHSTANDING ANY
AGREEMENT TO THE CONTRARY, NO PERSON MAY BE REQUIRED TO OPEN
HIS PLACE OF BUSINESS ON SUNDAY.

(D) (E) (1) AN EMPLOYER WHO VIOLATES THIS SECTION IS
GUILTY OF A MISDEMEANOR AND, UPON CONVICTION THEREOF, SHALL
BE FINED NOT MORE THAN $500 FOR EACH EMPLOYEE INVOLVED, OR
FOR EACH OFFENSE, WHICHEVER IS GREATER.

(2)  AN EMPLOYER WHO COMPELS A NONMANAGERIAL OR
NONPROFESSIONAL EMPLOYEE TO WORK ON THE EMPLOYEE'S CHOSEN
DAY OF REST IN VIOLATION OF THIS SECTION 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 FOR EMPLOYMENT.

(3)  THIS SECTION MAY NOT 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 THIS SECTION, IN WHICH
CASE THE EMPLOYER SHALL BE SUBJECT TO THE SANCTIONS
PRESCRIBED BY THIS SECTION.

SECTION 4. AND BE IT FURTHER ENACTED, That new
Sections 534W, 534W-1, and 534W-2 be and they are hereby
added to Article 27 - Crimes and Punishments of the
Annotated Code of Maryland (1976 Replacement Volume and 1979
Supplement) to read as follows:

Article 27 - Crimes and Punishments

534W.

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

(B) (1) EXCEPT AS OTHERWISE PROVIDED IN THIS SECTION
OR § 534W-1 IT IS UNLAWFUL ON SUNDAY FOR ANY WHOLESALE OR
RETAIL ESTABLISHMENT TO CONDUCT BUSINESS FOR LABOR OR PROFIT
IN THE USUAL MANNER AND LOCATION OR TO OPERATE ITS
ESTABLISHMENT IN ANY MANNER FOR THE GENERAL PUBLIC.