WILLIAM DONALD SCHAEFER, Governor                   Ch. 589

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 Baltimore County and Baltimore City, 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.

(2)  An employer who compels a nonmanagerial or
nonprofessional employee to work on the employee's chosen day of
rest in violation of this section 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 rest. The foregoing sentence shall appear in any
application form for employment.

(3)  This section may not be construed to permit any
fine or penalty against any supervisory employee or agent who has
been caused, directed, or authorized by his employer to violate
any provision of this section, in which case the employer shall
be subject to the sanctions prescribed by this section.]

[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

- 2637 -