WILLIAM DONALD SCHAEFER, Governor                        Ch. 8

(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; or

(ii) Require a prospective     full-time employee

who is seeking a workweek consisting of   25 hours or more to

answer any questions identifying the day    of the week that
employee chooses as a day of rest or Sabbath.

(4)  Notwithstanding     any agreement     to the   contrary
between a merchant and landlord,   a merchant may   not be     required
directly or indirectly to open   the merchant's   place of   business
on Sunday.

(5)  Notwithstanding any agreement to the contrary
between a merchant and the landlord of the merchant, a landlord
may not cancel or refuse to renew, directly or indirectly, the
lease of a merchant because of the merchant's refusal to open the
merchant's place of business on Sunday.

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