Policies & Issues

What to Know About the Vaccine Mandate

Policies & IssuesNov 11, 2021

What to Know About the Vaccine Mandate

Plus, why the National Retail Federation is suing over the OSHA rule.

2021_Vaccination.jpg
A new OSHA rule will require companies with 100 or more employees to either have their workers fully vaccinated against COVID-19 or require weekly testing. Here’s what retailers need to know.
New York—President Biden announced in early September the U.S. would be ramping up the fight against COVID-19, starting in the workplace.

He reached out to the Occupational Safety and Health Administration (OSHA), directing the government agency to implement an Emergency Temporary Standard (ETS) requiring companies with 100 or more employees to either have their workers fully vaccinated against COVID-19 or require weekly testing.

The announcement left retailers with many unanswered questions, but more clarity on the mandate rolled out last week.

Under the OSHA rule, employees will receive paid time off, up to 4 hours and including travel time, to get the vaccine, and sick leave if they need time to recover from the side effects.

The rule applies to full-time and part-time employees but not independent contractors.

Unvaccinated employees will be required to wear face coverings at work, going into effect Dec. 5.

This does not apply to employees who work alone in a room with floor to ceiling walls and a closed door.

The mask can be temporarily removed while eating or drinking, or for identification purposes to comply with safety and security requirements.

Employers are not required to pay for testing or provide tests to unvaccinated employees. 

 Related stories will be right here … 

The deadline for employers to ensure their workers are vaccinated or being tested weekly is Jan. 4. Proof of employee vaccination status needs to be recorded by Dec. 6.

The OSHA rule does offer medical and religious exemptions, allowing those who object for any reason to be tested weekly instead of receiving the vaccination.

But the option to be tested rather than receive the vaccine is not available to all employees.

A separate rule by the Centers for Medicare & Medicaid Services requires healthcare workers to be vaccinated by the same Jan. 4 deadline, with no testing option available.

The rule applies to all employees working at healthcare facilities that receive federal funding from Medicare or Medicaid.

Additionally, federal workers have until Nov. 22 to receive the shot while federal contractors have until Jan. 4, with no testing option available to either group.

Companies under the OSHA rule do have the option to challenge the decision in court, and several lawsuits have been filed.

The National Retail Federation filed suit on Nov. 9 in the U.S. Court of Appeals for the Fifth Circuit.

Several other trade organizations have joined it, including the American Trucking Associations, FMI-The Food Industry Association, the International Warehouse Logistics Association, the Association for Convenience & Fuel Retailing, the National Association of Wholesaler-Distributors, and the National Federation of Independent Business.

The NRF sent a letter to President Biden when OSHA published the rule on Nov. 5 and sent an expanded letter to the Department of Labor and President Biden on Nov. 9, requesting an extension on the implementation of the mandate.

“We are deeply concerned about the timing for implementing the OSHA vaccine mandate during the most important season of the year for retailers and customers,” said NRF President and CEO Matthew Shay in a press release about the mandate.

Shay said retailers are already faced with labor shortages, supply chain issues, and the legal and practical challenges of implementing the guidance during the holiday season.

“The Dec. 6 deadline to provide proof of employee vaccination status and the Jan. 4 deadline for testing unvaccinated employees are both unworkable and virtually impossible,” Shay said.

“We have consistently and repeatedly communicated our concerns about the practical challenges of meeting those arbitrary targets. However, it appears that our only remaining course of action is to petition for judicial relief.”

Arguments against the OSHA rule include the accusation that the mandate violates the 10th Amendment by giving powers to the federal government that are reserved for the states while others say the ETS exceeds the power given to OSHA by Congress.

The federal government contends it has the authority to issue the mandate since Congress has authorized OSHA to issue an ETS when employees are exposed to a “grave danger,” like COVID-19.

There have been nearly 757,000 coronavirus-related deaths in the U.S. since the start of the pandemic.

Data from the Centers for Disease Control and Prevention has shown people who are unvaccinated are at a much greater risk than those who are fully vaccinated to test positive or die from the coronavirus.

As of Nov. 4, there have been 426.7 million vaccine doses administered, according to the CDC.

Overall, 67 percent of the total U.S. population have received at least one dose of vaccine while about 58 percent have been fully vaccinated.

The Latest

Jewelers of America 20 Under 40 graphic
Events & AwardsFeb 11, 2025
JA Seeking Nominations for Its Next ‘20 Under 40’ Class

Now in its fourth year, the program is expanding to include a list of “20 Under 40” for jewelry suppliers.

Police cars with lights on
CrimeFeb 11, 2025
2 Men Charged With Selling Stolen Jewelry, Watches in NYC Diamond District

One of the men is said to be connected to the South American crew charged with burglarizing Cincinnati Bengals QB Joe Burrow’s home.

Peter Smith
ColumnistsFeb 11, 2025
Peter Smith: 9 Store Manager Archetypes

Smith details the types of store managers he’s encountered, with the goal of helping retailers find a person who’s a fit for their store.

Top Image.png
Brought to you by
3 Ways to Capitalize on America’s Newfound Love of Colored Gems

Colored stones are stepping into a jewelry spotlight typically reserved for diamonds—are you ready to sell color?

Bulgari x MB&F Serpenti watch
WatchesFeb 11, 2025
Bulgari, MB&F Launch Reimagined ‘Serpenti’ Watch

The brands immersed one of Bulgari’s most famous historical icons in MB&F’s ultra-mechanical universe of haute horlogerie.

Weekly QuizFeb 06, 2025
This Week’s Quiz
Test your jewelry news knowledge by answering these questions.
Take the Quiz
Boucheron Power of Couture campaign
FinancialsFeb 11, 2025
Boucheron a Bright Spot as Kering’s Full-Year Sales Sink 12%

The luxury titan’s full-year performance was weighed down by struggling sales at its star brand Gucci.

Midas Chain Diamond and Gemstone Jewelry
MajorsFeb 11, 2025
Midas Chain Releases First Diamond Collection

The jewelry manufacturer has launched more than 100 pieces made with natural diamonds.

Resolutions - 2025.jpg
Brought to you by
3 New Year’s Resolutions for Jewelry Lovers

The new year feels like a clean slate, inspiring reflection, hope, and the motivation to become better versions of ourselves.

Tacori Stilla ring
SurveysFeb 10, 2025
Jewelry Resilient in 2024 Even As Luxury Sales Slipped, Says Bain & Co.

Bain & Co.’s latest report on the luxury market examines why the market’s customer base is shrinking and how to appeal to consumers in 2025.

Counterfeit Cartier “Juste Un Clou” bracelet
CrimeFeb 10, 2025
Counterfeit Jewelry Kept Kentucky Customs Agents Busy in January, CBP Says

Officers in Louisville seized 28 shipments of fake jewelry and watches that would have been worth more than $27 million if genuine.

Hearts On Fire Inside Out Collection Bracelets
CollectionsFeb 10, 2025
Hearts on Fire Flips Jewelry ‘Inside Out’ in New Collection

The collection centers on the art of tailoring, inspired by designs that feature folded fabrics, such as a tuxedo lapel.

JW Marriott Hotel in Nashville Tennessee
Events & AwardsFeb 10, 2025
Select Jewelry Show Heads to Nashville

The trade show has added a new location to its fall line-up.

Jade Trau Ladybird Charm
CollectionsFeb 07, 2025
Piece of the Week: Jade Trau’s ‘Ladybird’ Charm

From the brand’s latest collection of lucky charms, the ladybird is seen as a bearer of good fortune and a ward against negative energy.

Rough diamonds from De Beers’ Gahcho Kue diamond mine in Canada
SourcingFeb 07, 2025
De Beers’ Production Guidance Slashed, Anglo Anticipates Another Writedown

The moves come amid a prolonged period of lower demand for diamonds, particularly in China.

Stuller Bench Jeweler Workshop
Events & AwardsFeb 07, 2025
Registration Opens for Stuller’s Bench Jeweler Workshop

The workshop returns in March, along with the “Battle of the Benches” mini challenge series.

Windsor Jewelry in Indianapolis, Indiana
IndependentsFeb 06, 2025
106-Year-Old Jewelry Store Saved by New Owners

Two attorneys purchased Windsor Jewelry, which was set to close, and will retain all existing staff at the downtown Indianapolis store.

Two images of Adam Heyman in Sri Lanka
MajorsFeb 06, 2025
Oscar Heyman Employee Celebrates 60 Years With the Company

Adam Heyman joined the family business in 1965, just weeks after graduating from Columbia Business School.

De Beers Jewellers Embrace Bracelet
CollectionsFeb 06, 2025
De Beers Jewellers’ New High Jewelry Pays Homage to the Beauty of Trees

The “Essence of Nature, Chapter One” collection echoes trees and roots, literally and figuratively, through three sets of high jewelry.

Hamilton Jewelers Worth Avenue interior
IndependentsFeb 06, 2025
Hamilton Jewelers Revamps Palm Beach Boutique

The fourth-generation, family-owned jeweler has given its Worth Avenue store a new look.

Stock image of a gavel
CrimeFeb 05, 2025
‘The Timepiece Gentleman’ Sentenced to 5-Plus Years Behind Bars

Luxury watch dealer Anthony Farrer pleaded guilty late last year to defrauding clients in a scheme with Ponzi-type elements.

Pandora sparkling bow necklace
FinancialsFeb 05, 2025
Pandora Posts Double-Digit Growth After Strong Holiday Season

In its full-year results, the retailer shared its 2025 outlook and an update on the global rollout of its lab-grown diamond collection.

Seal & Scribe “Freedom Moon” Ring
TrendsFeb 05, 2025
Amanda’s Style File: Feeling Fabulous in February

Celebrate February birthstones and the gem shows in Arizona this month with a versatile stone like amethyst.

Diamond Council of America logo
MajorsFeb 05, 2025
DCA Promotes Kristen Scheetz to Director of Education, Membership

Scheetz has been with the nonprofit since 2007.

Trucks at the Orapa diamond mine in Botswana
SourcingFeb 04, 2025
New Deal With Botswana Is Done, De Beers Confirms

The agreement will allocate an increasing proportion of the country’s rough diamonds to the government of Botswana over the next decade.

Van Clef & Arpels Diane (Diana) Clip
Events & AwardsFeb 04, 2025
Van Cleef & Arpels’ Astronomy-Inspired Jewelry to Land at AMNH

“Cosmic Splendor: Jewelry From the Collections of Van Cleef & Arpels,” opens April 11 at the American Museum of Natural History.

Chocolate box ring by Mined + Found
SurveysFeb 04, 2025
Valentine’s Day Jewelry Spending Forecast to Hit Record High, Says NRF

Those celebrating Valentine’s Day this year are expected to spend a record $27.5 billion on jewels, flowers, candy, and more.

Lady Gaga Tiffany & Co.  necklace worn to the 2025 Grammys
EditorsFeb 03, 2025
Best Jewelry Moments From the 2025 Grammy Awards

From Lady Gaga’s 1930s Tiffany & Co. necklace to Taylor Swift’s “T,” Michelle Graff recaps the night’s most memorable jewelry looks.

×

This site uses cookies to give you the best online experience. By continuing to use & browse this site, we assume you agree to our Privacy Policy