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

Brian Patrick Gilbertson
SourcingDec 23, 2025
Mining Titan Brian Gilbertson Dies at 82

The former BHP Billiton leader and Gemfields chairman is remembered for his influential leadership throughout his 50-year mining career.

Costume Designers Guild Award By Bulgari
Events & AwardsDec 23, 2025
Bulgari Reimagines Costume Designers Guild Award

The LVMH-owned brand has partnered with the costume design union to revamp its award for 2026.

Kering logo
MajorsDec 23, 2025
Kering to Acquire Stake in Raselli Franco Group

The luxury titan inked a deal to acquire an initial minority stake in the jewelry manufacturer with a pathway to full ownership by 2032.

Recipients Collage 2025 - NJ (1872 x 1050 px) (1872 x 1052 px).png
Brought to you by
Impacting Tomorrow Today

How Jewelers of America’s 20 Under 40 are leading to ensure a brighter future for the jewelry industry.

For Future Reference Vintage
MajorsDec 23, 2025
For Future Reference Vintage Enters Bloomingdale’s

The company’s curation of unsigned vintage and estate jewelry debuted at the Bloomingdale’s in Costa Mesa, California.

Weekly QuizDec 18, 2025
This Week’s Quiz
Test your jewelry news knowledge by answering these questions.
Take the Quiz
Counterfeit Cartier and Audemars Piguet watches
CrimeDec 22, 2025
Customs Seizes Hundreds of Fake Rolex, Cartier Watches

In the recent multi-shipment seizure, CBP also found counterfeit Audemars Piguet, Moncler, and Chrome Hearts items.

Helzberg new store concept rendering
EditorsDec 22, 2025
How Helzberg Is Reimagining Its Stores

Helzberg’s Chief Retail Officer Mitch Maggart shared details about its tests of a new store concept rooted in an elevated luxury experience.

roseco-catalog.png
Brought to you by
Roseco Releases New Full-Line Catalog

Roseco’s 704-page catalog showcases new lab-grown diamonds, findings, tools & more—available in print or interactive digital editions.

Graphic for the 2025 Year-End Webinar
Recorded WebinarsDec 22, 2025
2025 Jewelry Rewind: Looking Back on an Eventful Year

Jewelers of America execs and National Jeweler editors discuss tariffs, the sky-high gold price, and the engagement that broke the internet.

Pair of Ippolita Lollatini earrings
MajorsDec 19, 2025
MadaLuxe Group Acquires Ippolita

The luxury goods company said founder Ippolita Rostagno will remain at the brand’s helm.

Bulgari CEO Laura Burdese
MajorsDec 19, 2025
LVMH Names New Bulgari CEO

Laura Burdese, who joined the Italian luxury brand in 2022, will take on the role in July.

Harwell Godfrey Lil Buddies
EditorsDec 19, 2025
2025 Jewelry Superlatives: A Yearbook-Style Year in Review

The National Jeweler editors revisit the most noteworthy industry happenings and design trends from 2025.

Front of Jean Schlumberger’s ‘African Cat’ brooch
AuctionsDec 19, 2025
Jean Schlumberger’s ‘African Cat’ Is Purr-Fection

Need a gift for the cat lover who has everything? Look no further than our latest Piece of the Week.

Audemars Piguet Grosse Pièce
AuctionsDec 18, 2025
Audemars Piguet Reclaims Historic Pocket Watch at Auction

It purchased the “Grosse Pièce,” an ultra-complicated Audemars Piguet pocket watch from the ‘20s, for a record-breaking price at Sotheby’s.

Diamond ring in parts
Lab-GrownDec 18, 2025
Kira Jewels Debuts Custom Lab-Grown Diamond Jewelry Service

The lab-grown diamond grower now offers custom engagement and fashion jewelry through its Kira Custom Lab Jewelry service.

Terry and Cindy Chandler at AGS Conclave
EditorsDec 18, 2025
Terry Chandler Looks Back on 40 Years of Opportunity, Change, and Friends

Chandler got his start at Michelson Jewelers and has served as DCA president and CEO since 2001. He will retire at the end of the month.

Rendering of Bob’s Watches JFK airport store
WatchesDec 18, 2025
Bob’s Watches to Open Store in New York’s JFK Airport

The boutique is slated to open this week inside Terminal 8, offering pre-owned Rolex watches and more to international travelers.

JamAlert 1872x1052.png
Supplier BulletinDec 18, 2025
Cell Jammers Are Targeting Your Business. Here's How to Beat Them

Sponsored by Digital Monitoring Products

Fabergé egg pendant near gloved hand
CrimeDec 17, 2025
Man Pleads Not Guilty to Swallowing Fabergé Pendant

The special-edition egg pendant ingested in a New Zealand jewelry store was recovered after a six-day wait.

Ashley Zhang Jewelry Snake Necklace, Renato Cipullo Hematite Blaze Necklace, Vanessa Fernandez Studio Curva Wrap Hoops, Hernsdorf Tears of Aphrodite Necklace, Robinson Pelham Tsar Star Earrings, Marla Aaron Nymphenburg Lock, Lof The Valentine Ring
EditorsDec 17, 2025
2025 Jewelry Rewind: The Best Piece of the Week Picks

Associate Editor Natalie Francisco plays favorites with Piece of the Week, selecting a standout piece of jewelry from each month of 2025.

Lucy Hale in Jacquie Aiche’s Love and Desire Campaign
CollectionsDec 17, 2025
Lucy Hale Stars in Jacquie Aiche’s Holiday Campaign

The “Love and Desire” campaign is inspired by the magic that follows when one’s heart leads the way, said the brand.

SSEF logo
GradingDec 17, 2025
SSEF Announces 2025 Scholarship Winners

Two awardees will receive free tuition for an educational course at the Swiss lab, with flights and lodging included.

Pandora Alexander Lacik and Berta de Pablos-Barbier
MajorsDec 16, 2025
Pandora’s New CEO Will Step Up Early

Berta de Pablos-Barbier will replace Alexander Lacik at the start of January, two months earlier than expected.

JAR pendant brooch, fancy intense blue diamond
AuctionsDec 16, 2025
Suzanne Belperron, JAR Shine in Sotheby’s First Auctions at New HQ

Sotheby’s held its first two jewelry sales at the Breuer building last week, and they totaled nearly $44 million.

The Jewelry Symposium logo
Events & AwardsDec 16, 2025
TJS Now Accepting Scholarship Applications for 2026

Winners will receive free registration and lodging for its fourth annual event in Detroit.

National Jeweler columnists and PR professionals Duvall O’Steen and Jen Cullen Williams
ColumnistsDec 16, 2025
Beyond Unboxing: Creative Reveals to Drive Reach and Engagement

Here are six ideas for making more engaging content for Instagram Reels and TikTok, courtesy of Duvall O’Steen and Jen Cullen Williams.

Tiffany & Co. logo, Anna Martin, CD Peacock logo
Events & AwardsDec 16, 2025
Diamonds Do Good Names 2026 Award Recipients

The honorees include a notable jewelry brand, an industry veteran, and an independent retailer.

×

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