HARRY HUGHES, Governor

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(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.

(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 HOWARD 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 FORM 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 5. AND BE IT FURTHER ENACTED, That Sections
492, 521, 522, 534K, 534N, and 534R and 534N of Article 27 -