LAWS OF MARYLAND

violate any provision of § 534H, in which case the employer shall
be subject to the sanctions prescribed by this section.

5. For the purposes of this section, a managerial employee
shall mean any employee who is not covered by a collective
bargaining agreement; and

(a)  Whose primary duties consist of the management of
the enterprise in which he is employed or of a customarily
recognized department or subdivision of that enterprise; and

(b)  Who customarily and regularly directs the work of
two or more other employees in that enterprise, department or
subdivision of that enterprise; and

(c)  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

(d)  Who customarily and regularly exercises
discretionary powers.

6. For the purposes of this section, a professional
employee shall mean 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;                                                                       

7. Notwithstanding any agreement to the contrary between a
merchant and his landlord, no merchant may be required to open
his place of business on Sunday.]

[534-I.

Nothing contained in §§ 492, 521 and 522 of this article,
amended from time to time, shall be applicable within Montgomery
County.]

[534J.

In Montgomery County retail and wholesale establishments
shall operate subject to the following:                         

1. Except in cases of an emergency declared by the federal,
State or county government, every nonmanagerial of
nonprofessional person employed in any retail or wholesale
establishment may choose Sunday of 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

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Ch. 589