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

Robinson Pelham Fruits of Love Pear Earrings
CollectionsJun 13, 2025
Piece of the Week: Robinson Pelham’s Pear Earrings

Take a bite out of the 14-karat yellow gold “Fruits of Love Pear” earrings featuring peridots, diamond stems, and tsavorite leaves.

Three diamonds with diagrams
Events & AwardsJun 13, 2025
AGA to Host ‘Diamonds From Mine to Market’ Education Conference

The one-day virtual event will feature speakers from De Beers, GIA, and Gemworld International.

Ella Sophie
EditorsJun 12, 2025
15 Questions With Jewelry Photographer Ella Sophie

The California-based creative talks jewelry photography in the modern era and tackles FAQs about working with a pro for the first time.

Jewelers of America logo with meetup, State of the Majors, giveaway and massages
Brought to you by
Jewelers of America is Headed to Las Vegas for JCK 2025

The countdown is on for the JCK Las Vegas Show and JA is pulling out all the stops.

A pink gold Patek Philippe perpetual calendar chronograph Ref. 2499
AuctionsJun 12, 2025
Vintage Patek Philippe From the ‘50s Sells for $4M at Sotheby’s

Al Capone’s pocket watch also found a buyer, though it went for less than half of what it did at auction four years ago.

Weekly QuizJun 12, 2025
This Week’s Quiz
Test your jewelry news knowledge by answering these questions.
Take the Quiz
Gabriel Love Foundation Logo
Events & AwardsJun 12, 2025
Gabriel Love Foundation Introduces Scholarship Honoring Elias Gabriel

The foundation has also expanded its “Stronger Together” initiative with Jewelers for Children.

Celine Assimon
AuctionsJun 12, 2025
Former De Beers Exec Celine Assimon Joins Bonhams

Assimon is the auction house’s new chief commercial officer.

DCA-student-cert-NJ1872x1052-2.png
Brought to you by
The True Power Behind the Counter: Why Sales Associates Are the Heart of the Jewelry Business

When investing in your jewelry business, it's important not to overlook the most crucial element of success: the sales associates.

De Beers CEO Al Cook speaking at JCK Las Vegas 2025
EditorsJun 11, 2025
Q&A: Al Cook on Differentiating Natural Diamonds, Traceability, and Tariffs

The De Beers Group CEO discusses the company’s new “beacon” program, the likelihood diamonds will be exempt from tariffs, and “Origin.”

Pandora Las Vegas ribbon cutting ceremony
MajorsJun 11, 2025
Pandora Bets on Las Vegas for First North American Flagship

The Danish jewelry giant hosted its grand opening last weekend, complete with a Pandora pink roulette wheel.

Tiffany Stevens
GradingJun 11, 2025
Tiffany Stevens Exits IGI, Lab Appoints New Board Leader

Industry veteran Anoop Mehta is the new chairman and independent director of the IGI board.

Lee Min Seo and Ianyan Jewelry
Events & AwardsJun 11, 2025
Kering Announces Winners of Sustainability-Focused Award

The winners of the inaugural “Kering Generation Award x Jewelry” are student Lee Min Seo and China-based startup Ianyan.

De Beers desert diamonds
SourcingJun 10, 2025
De Beers Turns to Brown, Yellow Diamonds for New ‘Beacon’

“Ombré Desert Diamonds” will emphasize cream-, champagne-, and brown-colored diamonds, shades that set natural stones apart from lab grown.

Gresham grasshopper ring
AuctionsJun 10, 2025
Noonans to Auction 16th-Century Signet Ring

It's one of the “Gresham grasshopper” rings English financier Sir Thomas Gresham was known to gift to acquaintances or business associates.

Mary Chiam
CollectionsJun 10, 2025
Tabayer Names Mary Chiam as CEO

The brand also debuted its new “Zorae” collection featuring a talisman of protection and harmony inspired by a sheaf of wheat.

Lauren Johansen
MajorsJun 10, 2025
Lauren Johansen Joins Loudr

As Loudr’s new account manager, Johansen will partner with clients to craft and execute marketing strategies.

Lunar Rain cat locket
Events & AwardsJun 09, 2025
And the Winners of the 2025 Couture Design Awards Are …

Designers were recognized in 12 categories, from platinum to pearls, before the evening ended with a new, retail-focused award.

Nancy Astor tiara
AuctionsJun 09, 2025
Nancy Astor’s Cartier Tiara Sells for $1.2M

The rare turquoise and diamond jewel was the top lot at Bonhams’ June jewelry sale.

2025 National Jeweler Retailer Hall of Fame inductees
IndependentsJun 09, 2025
Here Are the 2025 Retailer Hall of Fame Inductees

This year’s honorees include a Midwest retailer and two multi-store independents, one in New York and the other in New England.

2025 CASE Award Submission Graphic
Events & AwardsJun 09, 2025
CASE Awards Now Accepting Entries For 2025

The deadline to submit is June 16.

RDI Diamonds and Lavalier Personal Jewelry Insurance Logos
MajorsJun 09, 2025
RDI Diamonds Partners With Lavalier

The diamond wholesaler is working with the insurance provider to seamlessly offer personal jewelry insurance to RDI retailers’ clients.

Harwell Godfrey Granny Square Eleanor Necklace
CollectionsJun 06, 2025
Piece of the Week: Harwell Godfrey’s ‘Granny Squares Eleanor’ Necklace

As an homage to iconic crochet blankets, the necklace features the nostalgic motif through a kaleidoscope of cabochon-cut stones.

 Laura Gallon Joaillerie “Dynasty” ring, Bijules “Compass” bolo tie, Löf “The Orbitalis” ring
Events & AwardsJun 05, 2025
The 12 Fresh Faces in Couture’s Design Atelier

Discover the dozen up-and-coming brands exhibiting in the Design Atelier for the first time.

Jack Abraham The Royal Ruby Collection
SourcingJun 05, 2025
A Rare Suite of Rubies Has Arrived in Las Vegas

The “Royal Ruby” Collection is a quintet of untreated rubies curated by collector Jack Abraham.

Daymond John
Events & AwardsJun 05, 2025
Daymond John to Give Keynote at JCK Las Vegas

The entrepreneur and “Shark Tank” star will share his top tips for success.

Vaishali Banerjee and Pallavi Sharma
MajorsJun 05, 2025
Platinum Guild International Updates Leadership Team

Two existing executives have been given new roles.

Meredith Tiderington
Events & AwardsJun 05, 2025
Zillion Announces 'Women in STEM' Scholarship Recipient

Meredith Tiderington, an electrical engineering student, was selected for the award.

×

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