WILLIAM DONALD SCHAEFER, Governor                   Ch. 589

(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)  A RETAIL OR WHOLESALE 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 PERSON EMPLOYED BY A RETAIL OR
WHOLESALE ESTABLISHMENT MAY CHOOSE AS A DAY OF REST HIS 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

- 2665 -