New York State Finalizes Rules for Notifying Current and Former Employees of 9/11 Fund Benefits

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.)

The final regulations specify that notifications should be made by email, text, electronic message system, postal mail, or facsimile, and that entities providing such notification must maintain a duplicate copy for not less than three years. (Additionally, based on other materials released by the state, it appears the state is urging, though not requiring, employers to disseminate notice through social media.)

However, the final regulations still fail to provide express requirements on when the notices need to be made, other than to emphasize practicality and compliance with existing federal, state, and local recordkeeping laws and other legal requirements.

Affected Areas

The final regulations clarify the applicable affected areas with respect to each compensation fund:

• World Trade Center Health Program (“New York City disaster area”)—the area of Lower Manhattan south of Houston Street and any blocks of Brooklyn that are within a 1.5-mile radius of the former World Trade Center site, which includes areas of Dumbo and Brooklyn Heights.
• September Eleventh Victim Compensation Fund (“New York City exposure zone”)—the area of Lower Manhattan south of Canal Street and extending to Clinton Street and the East River, in addition to “any area related to or along the routes of debris removal, such as barges and the Fresh Kills landfill.”

Next Steps

If not already, employers may begin identifying employees and former employees who worked in the affected areas over the relevant time periods and who may be entitled to notice and start sending those notices. The state has further produced a toolkit and other guidance for employers on meeting these requirements.

Employers may also want to monitor new guidance or directives from ESD, the state, or other relevant authorities overseeing the regulations’ implementation for precise timing requirements.

Ogletree Deakins’ New York office will continue to monitor developments and will provide updates on the Employment Law, Hospitality, New York, and Retail blogs as additional information becomes available.

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