WILLIAM DONALD SCHAEFER, Governor Ch. 643

(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) "PART-TIME EMPLOYEE" MEANS A PERSON EMPLOYED FOR
A WORKWEEK CONSISTING OF LESS THAN 25 HOURS.

[(3)] (4) "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, OTHER THAN A MANAGERIAL EMPLOYEE, A
PROFESSIONAL EMPLOYEE, OR A PART-TIME EMPLOYEE, 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

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