Provisions inapplicable after 1:30 p.m. on Sunday; rights of employees, lessees, and franchisees to refuse to work; discrimination against persons who worship on Saturday prohibited.

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The provisions of this chapter do not apply after the hour of 1:30 p.m. on Sunday. Any employee of any business which operates on Sunday under the provisions of this section has the option of refusing to work in accordance with Section 53-1-100. Any employer who dismisses or demotes an employee because he is a conscientious objector to Sunday work is subject to a civil penalty of treble the damages found by the court or the jury plus court costs and the employee's attorney's fees. The court may order the employer to rehire or reinstate the employee in the same position he was in prior to dismissal or demotion without forfeiture of compensation, rank, or grade.

No proprietor of a retail establishment who is opposed to working on Sunday may be forced by his lessor or franchisor to open his establishment on Sunday nor may there be discrimination against persons whose regular day of worship is Saturday.

HISTORY: 1985 Act No. 86 Section 1; 1995 Act No. 134, Section 1, eff (became law without the Governor's signature on June 13, 1995).

Effect of Amendment

The 1995 amendment corrected a reference to treble instead of triple damages.


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