New York State recently finalized regulations requiring employers to notify current and former employees who worked in Lower Manhattan and Western Brooklyn during and in the months after the September 11th terrorist attacks of their potential eligibility for benefits from two federal compensation funds. The final regulations emphasize that requirements apply “where practicable” after concerns were raised over the difficulty of searching employment records from more than two decades ago.
Quick Hits
- New York State published final regulations implementing the 9/11 Notice Act, requiring employers to notify current and former employees who worked in affected areas during the September 11 attacks of their potential eligibility for benefits from federal compensation funds.
- The regulations emphasize that notification must be made “where practicable,” given the challenges of accessing employee records from over two decades ago.
- The final regulations took effect on June 4, 2025, but they fail to provide precise timing requirements for when employers must send the notices.
On May 15, 2025, the New York State Department of Economic Development (ESD) published final regulations in the New York State Register related to the 9/11 Notice Act, which seeks to enhance awareness among 9/11 victims—including office, restaurant, and retail workers around the former World Trade Center site—about their eligibility for compensation from the World Trade Center Health Program and September Eleventh Victim Compensation Fund. The final regulations took effect on June 4, 2025.
The 9/11 Notice Act, signed on September 11, 2023, emanated from concerns that only fractions of pools of eligible workers for the compensation funds have applied for benefits. The act directed ESD to “develop rules and regulations necessary to promote awareness and notification to any past or present businesses and their employees” in the designated affected areas.
Notice Requirements
The final regulations closely track the proposed regulations released in November 2024. The regulations direct businesses that had employees working near the former World Trade Center site during and in the months following the September 11, 2001, terrorist attacks to take steps to notify those employees “where practicable” of their potential eligibility for benefits from the federal compensation funds. (Emphasis added.)
The final regulations expressly address a comment received regarding the impracticality and burden of maintaining or accessing employee records dating back more than twenty years. In response, the regulation was edited to specify that the notice requirement applies only “where practicable” and in accordance with existing recordkeeping laws. (Emphasis added.)…