WILLIAM DONALD SCHAEFER, Governor                   Ch. 589

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.

4.  For the purposes of this section, a managerial employee
is an 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 thereof; and

(b)  Who customarily and regularly directs the work of
two or more other employees; 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.

5.  For the purposes of this section, 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.

6.  Notwithstanding any agreement to the contrary, no
merchant may be required to open his place of business on Sunday.

7.  Any employer who violates § 534J is guilty of a
misdemeanor and, upon conviction thereof, shall be fined not less
than two hundred fifty dollars nor more than five hundred dollars
for each employee involved, or for each offense, whichever shall
be the greater. An employer who compels a nonmanagerial or
nonprofessional employee to work on the employee's chosen day of
rest in violation of § 534J 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

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