HARRY HUGHES, Governor

1717

(1982 Replacement Volume and 1984 Supplement)

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That Section(s) 534M of Article 27 - Crimes and
Punishments of the Annotated Code of Maryland be repealed.

SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of
Maryland read as follows:

Article 27 - Crimes and Punishments

534M.

(A)  (1) IN THIS SECTION, THE FOLLOWING TERMS HAVE THE
MEANINGS INDICATED.

(2)  "MANAGERIAL EMPLOYEE" MEANS ANY EMPLOYEE WHO IS
NOT COVERED BY A COLLECTIVE BARGAINING AGREEMENT AND:

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

(II)  WHO CUSTOMARILY AND REGULARLY DIRECTS THE
WORK OF 2 OR MORE OTHER EMPLOYEES IN THE ENTERPRISE, DEPARTMENT,
OR SUBDIVISION OF THAT ENTERPRISE;

(III)  WHO 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 IS GIVEN PARTICULAR
WEIGHT; AND

(IV)  WHO CUSTOMARILY AND REGULARLY EXERCISES
DISCRETIONARY POWERS.

(3)  "PROFESSIONAL EMPLOYEE" MEANS ANY 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.

(B)  EXCEPT AS PROVIDED IN SUBSECTION (C) OF THIS SECTION,
IN WICOMICO COUNTY, ANY WHOLESALE OR RETAIL ESTABLISHMENT MAY
CONDUCT BUSINESS ON SUNDAY FOR LABOR OR PROFIT IN THE USUAL
MANNER AND LOCATION, SUBJECT TO THE FOLLOWING:

(1) EXCEPT IN CASES OF AN EMERGENCY AS DECLARED BY A
FEDERAL, STATE, OR LOCAL GOVERNMENTAL AUTHORITY, EVERY
NONMANAGERIAL OR NONPROFESSIONAL EMPLOYEE OF A RETAIL OR
WHOLESALE ESTABLISHMENT MAY CHOOSE AS A DAY OF REST THE
EMPLOYEE'S SABBATH OR MAY CHOOSE SUNDAY AS A DAY OF REST BY
FILING WRITTEN NOTICE WITH THE EMPLOYER.