October 29, 2025
Updated Employer Obligations Under the 9/11 NOTICE Act: How to Comply
Last month marked the 24th anniversary of the September 11th attacks—a day that continues to resonate deeply in New York City, especially for those still living with long-term health issues linked to toxic exposure in its aftermath. Recognizing the ongoing need to connect impacted individuals with available federal benefits, New York State enacted the 9/11 NOTICE Act (the “Act”) in 2023. Earlier this year, the state published Final Regulations that clarify how employers are expected to comply; those rules are now in effect.
Signed into law by Governor Kathy Hochul on September 11, 2023, the Act requires businesses with more than 50 employees that operated in Lower Manhattan or northern Brooklyn between September 11, 2001, and May 30, 2002, to notify current and former employees of their potential eligibility for federal benefits. These include the World Trade Center Health Program and the September 11th Victim Compensation Fund.
To help guide compliance, the New York State Department of Economic Development—charged under the Act with developing regulations to promote awareness and outreach—issued Final Regulations that took effect on June 4, 2025.
In apparent recognition of the challenges involved in reaching employees from over two decades ago, the Final Regulations clarify that notice must be provided “where practicable” (emphasis added). However, no further definition is provided, leaving employers to assess feasibility based on available records and resources.
The Final Regulations also specify that notice may be delivered via email, text message, electronic messaging system, postal mail, or fax. Employers must retain copies of all notices for at least three years. While New York State did not provide employers with a mandatory notice form, it did publish a helpful toolkit with model notices for employers. The State also encourages broader outreach, such as social media, though this is not required.
Although the law does not impose a specific deadline for issuing notices, employers should act promptly. If they haven’t already, they should begin identifying eligible employees from the specified time period and take reasonable steps to provide notice using available records. The state’s model notices offer a helpful starting point for compliance.
Employers are encouraged to reach out to their Book Law LLP attorney or law clerk Leona Hansen at lhansen@booklawllp.com with questions or concerns about their obligations under the 9/11 NOTICE Act or other employment laws.
