VETOES                                                                   

(II) (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;

(III) (II) WHO CUSTOMARILY AND REGULARLY
DIRECTS THE WORK OF 2 OR MORE OTHER EMPLOYEES IN THE ENTERPRISE,
DEPARTMENT, OR SUBDIVISION OF THAT ENTERPRISE;

(IV) (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

(V) (IV) WHO CUSTOMARILY AND REGULARLY
EXERCISES DISCRETIONARY POWERS.

(2) (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) IN ANNE ARUNDEL, BALTIMORE, CARROLL, HARFORD, AND
HOWARD COUNTIES AND IN BALTIMORE CITY, RETAIL OR WHOLESALE
ESTABLISHMENTS SHALL OPERATE 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; OR

(II) REQUIRE ANY PROSPECTIVE EMPLOYEE FOR

FULL-TIME EMPLOYMENT TO ANSWER ANY QUESTION IDENTIFYING THE DAY
OF THE WEEK THAT EMPLOYEE CHOOSES AS A DAY OF REST OR SABBATH.
FOR THE PURPOSE OF THIS SUBPARAGRAPH, A FULL-TIME EMPLOYEE IS A
PERSON WHOSE NORMAL WORKWEEK IS A MINIMUM OF 25 HOURS.

- 3550 -