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

Lucara diamond
SourcingJul 15, 2026
1,305-Carat Diamond Recovered from Mine in Botswana

The yet-to-be named stone is the 10th diamond weighing more than 1,000 carats to come out of Lucara’s Karowe mine.

Barry Berman
IndependentsJul 15, 2026
New Jersey Jeweler Barry Berman Dies at 81

The founder of Fords Jewelers, Berman is remembered for his love of connecting with his community.

Watches of Switzerland Mall of America store
FinancialsJul 15, 2026
Watches of Switzerland’s US Sales Jump 18%, Declines to Comment on Sale Report

The watch and jewelry retailer had a strong fiscal year despite what its CEO described as a “complex operating backdrop.”

Brought-To-By-Article-Top-Image.jpg
Brought to you by
Wedding Band Trends 2026: Personalization Takes Center Stage

Colored gemstones, artisan finishes, mixed metals, and meaningful details are shaping demand in bridal jewelry.

Hamptons Jewelry Show exhibitors Maison Mèrenor, Jochen Leën, Studio Javo
Events & AwardsJul 15, 2026
Hamptons Jewelry Show to Return in July

The open-to-the-public luxury jewelry and timepiece show, in its second year, is slated for July 23-26.

Weekly QuizJul 09, 2026
This Week’s Quiz
Test your jewelry news knowledge by answering these questions.
Take the Quiz
Pomellato Eye of Tanzanite Necklace and Pin-Up Ring
CollectionsJul 15, 2026
Pomellato’s New High Jewelry Is Liberating

Bold color, expressive gem-setting, and sculptural form define the three chapters that make up “Stile Libero.”

Foundrae London Store Showcases
IndependentsJul 14, 2026
Foundrae Opens First Standalone Store Outside US

The New York-based jewelry brand has expanded overseas, opening a store in London’s Mayfair district.

DCA-NJ-article-1872x1052-060826.jpg
Brought to you by
Building the Future of Jewelry Retail: DCA Expands Education, Leadership Development, and Workforce Solutions

DCA is preparing the next generation of professionals by supporting workforce development, leadership growth, and career advancement.

The Retail Smiths Principal Partner and National Jeweler columnist Sherry Smith
ColumnistsJul 14, 2026
Sherry Smith: What Today’s Jewelry Consumer Is Telling Us

Rising revenue does not automatically mean a healthy business, particularly in the current economic landscape, Smith writes.

Mindi Mond New York emerald shoulder duster earrings
TrendsJul 14, 2026
Amanda’s Style File: Shoulder Dusters

These long, fluid drop earrings are sure to catch the eye.

FBI Most Wanted image of Alberto Perez-Elias
CrimeJul 14, 2026
Man Charged in $1M Jewelry Store Heist Lands on FBI Most Wanted List

Alberto Perez-Elias is one of four men charged with robbing a Cape Coral, Florida, jewelry store and is the only one still at large.

Aerial view of Amazon
Events & AwardsJul 14, 2026
Conference on Mining, Sustainability Kicks Off in NYC

Initiatives in Art and Culture is hosting its 16th annual Gold and Diamond Conference, with the theme of “Resilience.”

Stephanie Gottlieb Casual Carats Lab-Grown Dimond and Silicone Rings
Lab-GrownJul 13, 2026
Stephanie Gottlieb Changes Her Mind on Lab-Grown Diamonds

The designer, who once said she’d never sell lab-grown diamonds, debuted two capsule collections designed to be fun and easy to wear.

File photo of the Venetia Diamond Mine in South Africa
SourcingJul 13, 2026
De Beers Announces Potential Layoffs, 2-Year Production Pause at Venetia

The diamond miner and marketer is undergoing another round of cost-cutting measures ahead of its sale by Anglo American.

JIS sign in convention center lobby
Events & AwardsJul 13, 2026
Registration Opens for JIS Fall 2026 Show

The annual trade-only buying event is slated for Oct. 16-19 in Miami Beach, Florida.

“Elements” bracelet best of show AGTA Spectrum 2025
Events & AwardsJul 13, 2026
AGTA Accepting Entries for Spectrum 2026

AGTA also has announced the lineup of judges for the colored gemstone cutting and jewelry design contest’s various categories.

Arena Club Twilight and Eclipse Time Boxes
TechnologyJul 10, 2026
There’s a New Blind Box for Luxury Watches

Collectibles platform Arena Club’s new Time Boxes could contain a Rolex or Patek Philippe watch.

Jade Trau Constellation Plié Collar
TrendsJul 10, 2026
Jade Trau Creates a Constellation of Diamonds

The “Constellation Plié” collar, our Piece of the Week, features diamonds arranged in a constellation of shining stars.

Former De Beers CFO of Brands and Consumer Markets Shaun Wills
SourcingJul 10, 2026
CFO of De Beers’ Consumer-Facing Division Leaves Company

Shaun Wills joined the company in 2024 and was chief financial officer of the De Beers Brands and Consumer Markets division.

Brilliant Earth watches
WatchesJul 10, 2026
Brilliant Earth Expands Into Watches

In honor of its 20th anniversary, the jewelry brand has released a limited-edition collection of Swiss-made timepieces.

Boucheron Human Being Collection Tattoo Necklace
CollectionsJul 09, 2026
Boucheron’s New High Jewelry Collection Is an Ode to the Human Touch

“Human Being” highlights the similarities and differences between us through five sets of jewelry that celebrate fine craftsmanship.

Baume & Mercier watch
WatchesJul 09, 2026
Damiani Group Finalizes Acquisition of Baume & Mercier

Richemont will continue to provide operational services for the watch brand for a period while the group prepares to integrate it.

Joopiter Logo
AuctionsJul 09, 2026
Pharrell Williams’ Joopiter Hires Former Bonhams Exec to Head New Watch Division

Nate Borgelt will lead the digital auction house and content platform’s new division as head of watches.

Enoch Michael
Events & AwardsJul 09, 2026
Halstead Names 2026 Grant Winner

Enoch Platero, founder and designer behind Enoch Michael, is the first Native American jeweler to win the award.

Karen Fox and Jenna Siegel
Events & AwardsJul 09, 2026
AGS, GIA Name 2026 Beatrice Shipley Scholarship Winner

AGS also announced the recipient of its “Women in Leadership” scholarship.

Kendra Scott
MajorsJul 08, 2026
Kendra Scott Joins ‘Shark Tank’ As Permanent Investor

The founder of the billion-dollar jewelry and lifestyle brand will debut as a full-time “Shark” on the upcoming season of the show.

Hands crossed with rings on
SurveysJul 08, 2026
Signet Jewelers Falls 5 Spots on NRF’s ‘Top 100’ Retailers List

Plus, why retailers should be ready to adjust as the U.S. population may decline this year for the first time since the Great Depression.

×

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