N.Y. Military Law Section 318
Policy of the state

1.

It is hereby declared to be the policy of the state that citizens and residents of the state should not be discriminated against because they are subject to military duty pursuant to this chapter or the laws of the United States or both; and that persons doing business in the state should not refuse to employ such persons because they are so subject to military duty.

2.

(a) No person shall solicit, require, demand or otherwise request that a person waive any of his or her rights under this article, whether existing at that time or thereafter to accrue.

(b)

Any person who shall knowingly violate paragraph (a) of this subdivision shall be guilty of a misdemeanor and shall be punished by imprisonment not to exceed one year, or by fine not to exceed one thousand dollars, or both such imprisonment and fine, and shall be further subject to a civil penalty in an amount not to exceed five thousand dollars for each occurrence. Such penalty may be recovered in an action brought by the attorney general in any court of competent jurisdiction.

(c)

Any waiver entered into in violation of this subdivision shall not be deemed to be binding on any person in military service who executed such waiver.

Source: Section 318 — Policy of the state, https://www.­nysenate.­gov/legislation/laws/MIL/318 (updated Sep. 22, 2014; accessed Oct. 26, 2024).

300
Findings and declaration of emergency 301
Definitions 301‑A
Notice of benefits to persons in and persons enlisting in the state organized militia 301‑B
Extension of benefits to dependents 301‑C
Accident prevention course information 302
Stay, et cetera, to persons secondarily liable 303
Representation 304
Proceedings to be stayed unless interest unaffected by military service 305
Relief against fines and penalties, et cetera 306
Actions against persons in service 307
Continuance of stay, et cetera 308
Statutes of limitations and statutes of a similar nature 308‑A
Waiver of professional continuing education requirements 308‑B
Extension of license, certificate or registration 309
Evictions 310
Liability for rent accruing after induction 311
Installment purchases 311‑A
Termination of motor vehicle lease contracts 311‑B
Cancellation without penalty of certain additional rental contracts 311‑C
Termination without penalty of certain service contracts 312
Mortgages 313
Settlement of cases involving stayed proceeding in foreclosure or repossession of personal property 313‑A
Exercise of rights under this article not to affect certain future financial transactions 314
Taxes 315
Taxes 316
Policies of insurance 316‑A
Protection of assignor of life insurance policy 316‑B
Professional liability protection for certain persons ordered to active duty in armed forces 317
Reemployment in private industry 318
Policy of the state 319
Evasive transfers of interest 321
Certificates of service 322
Interlocutory orders 323
Further relief 323‑A
Maximum rate of interest 323‑B
Filing fees waiver 324
Separability 325
Inconsistent provisions in other acts 326
Article thirteen of military law, added by laws of nineteen hundred forty-one, chapter six hundred eighty-six 327
Duration of the emergency 328
Short title
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Accessed:
Oct. 26, 2024

Last modified:
Sep. 22, 2014

§ 318’s source at nysenate​.gov

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