Ch. 5

LAWS OF MARYLAND

(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.

(c)  Except as provided in subsection (d) of this section,
in Allegany County, any wholesale or retail establishment may
conduct business on Sunday after 1 p.m. 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 employee of a retail or
wholesale establishment may choose as a day of rest the
employee's 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 to answer
any question identifying the day of the week that that employee
chooses as a day of rest or Sabbath.

(d)  (1) In Allegany County, a new or used car dealer may
not sell, dispose of, barter, deal in, deliver, give away, show,
or offer for sale any motor vehicle or any certificate of title
for any motor vehicle on Sunday.

(2) This section may not be construed to amend the
law governing the sale of alcoholic beverages.

(e)  (1) The State's Attorney of Allegany County may
petition the Circuit Court for Allegany County to enjoin any
violation of this section.

(2) Any person, firm, or corporation violating the
provisions of this section is guilty of a misdemeanor and, upon
conviction, is subject to the following penalties for each
employee caused, directed, permitted, or authorized to work in
violation of this section:

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