Ch. 587

LAWS OF MARYLAND

(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.

(2) THE EMPLOYEE MAY CHANGE THE WRITTEN DESIGNATION
DURING THE COURSE OF THAT EMPLOYEE'S EMPLOYMENT IF THE EMPLOYEE
FILES WITH THE EMPLOYER WRITTEN NOTICE OF THAT CHANGE NO LATER
THAN 30 DAYS PRIOR TO ITS EFFECTIVE DATE.

(3) THE EMPLOYER MAY NOT:

(I)  DISCHARGE, DISCIPLINE, OR DISCRIMINATE
AGAINST OR PENALIZE THE EMPLOYEE FOR EXERCISING THE RIGHTS OF
CHOICE PROVIDED IN PARAGRAPH (1) OF THIS SUBSECTION; AND OR

(II)  REQUIRE ANY PROSPECTIVE EMPLOYEE FOR
FULL-TIME EMPLOYMENT IN A JOB HAVING A WORKWEEK OF AT LEAST 2 5
HOURS TO ANSWER ANY QUESTION IDENTIFYING THE DAY OF THE WEEK THAT
THAT EMPLOYEE. CHOOSES AS A DAY OF REST OR SABBATH.

(C)  NOTWITHSTANDING ANY AGREEMENT TO THE CONTRARY, NO
MERCHANT MAY BE REQUIRED DIRECTLY OR INDIRECTLY TO OPEN THE
MERCHANT'S PLACE OF BUSINESS ON SUNDAY.

(D) NOTWITHSTANDING ANY AGREEMENT TO THE CONTRARY BETWEEN A
MERCHANT AND THE LANDLORD OF THE MERCHANT, A LANDLORD MAY NOT
CANCEL OR REFUSE TO RENEW, DIRECTLY OR INDIRECTLY, THE LEASE OF A
MERCHANT BECAUSE OF THE MERCHANT'S REFUSAL TO OPEN THE MERCHANT'S
PLACE OF BUSINESS ON SUNDAY.

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