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992
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Ch. 270
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LAWS OF MARYLAND
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(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; AND
(II) WHO CUSTOMARILY AND REGULARLY DIRECTS THE
WORK OF TWO OR MORE OTHER EMPLOYEES; AND
(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.
(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 HARFORD COUNTY, NOTWITHSTANDING ANY AGREEMENT TO THE
CONTRARY, NO PERSON MAY BE REQUIRED TO OPEN HIS PLACE OF BUSINESS
ON SUNDAY.
(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.
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