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

Astrid & Miyu 2025 12-Day, 24-Day, Solid Gold Advent Calendars
CollectionsOct 10, 2025
Count Down to the Holidays With Astrid & Miyu’s Advent Calendars

The trio of Advent calendars include a version with 18-karat gold and lab-grown diamond jewelry in a red lacquer jewelry box.

Front of Marla Aaron porcelain Nymphenburg Lock
CollectionsOct 10, 2025
Piece of the Week: Marla Aaron’s ‘Nymphenburg Lock’

Created in collaboration with Nymphenburg Porcelain, the lock is part of a four-piece collection that took two years to bring to fruition.

Alisa Bunger Frederick Goldman
MajorsOct 10, 2025
Frederick Goldman Names New VP of Sales

Jewelry industry veteran Alisa Bunger has taken on the role.

ja_fall_2024_by_headshot_stories_6824.jpg
Brought to you by
JA New York Fall Is Right Around the Corner

The upcoming show provides savvy retailers with the opportunity to stock their cases with best sellers in advance of the holiday season.

Feriel Zerouki, De Beers Chief Trade and Industry Officer
SourcingOct 09, 2025
Feriel Zerouki Is Leaving De Beers

The company and industry leader’s two-decade tenure with De Beers will come to a close at the end of the month.

Weekly QuizOct 09, 2025
This Week’s Quiz
Test your jewelry news knowledge by answering these questions.
Take the Quiz
Fabergé Imperial Winter Egg
AuctionsOct 09, 2025
This Fabergé Egg Could Crack $27M At Auction

“The Winter Egg” set the world auction record for a Fabergé piece twice at previous Christie’s sales.

Kessler watch battery recycling program
MajorsOct 09, 2025
Sy Kessler Buying Watch Batteries as Silver Hits Record High

The company will pay 1.5x silver’s current spot price for each pound of silver oxide batteries submitted.

gia-edu main image.png
Brought to you by
A Brilliant Future Is Here

Online education from GIA experts.

Katkim Men’s Collection Shadow Pendant Necklace and Anerise Signet Band
CollectionsOct 09, 2025
Katkim Launches First Men’s Collection

The line includes a “Shadow” series crafted exclusively for the new men’s offering and reimagined styles from the brand’s core collections.

Gemfields Rough Rubies
SourcingOct 09, 2025
Gemfields’ Mini Mixed-Quality Ruby Auction Garners $11M

The rough on offer was recovered from a newer area at the Montepuez mine.

“Storied Diamond Desert Sands of Eternity” engagement ring and wedding band
SourcingOct 08, 2025
In ‘Storied Diamond,’ Jared Jewelers Is Emphasizing the Journey

The retailer’s new collection of engagement rings and fashion jewelry is set with natural diamonds that are traceable via blockchain.

Emily P. Wheeler Ombré Collection Campaign
CollectionsOct 08, 2025
Emily P. Wheeler Shifts Into Neutral for Latest ‘Ombré’ Collection

The champagne colorway in her newest “Ombré” collection combines white and trendy brown diamonds, a departure from her usual vibrant hues.

MRK x MFA Tsuba Charm Necklace Collection Campaign
CollectionsOct 08, 2025
Tsuba Designs Inspire Monica Rich Kosann’s New Charms

Kosann partnered with the Museum of Fine Arts, Boston, to create a set of necklaces inspired by the artwork on samurai sword handguards.

Stock image of a gavel and law books
CrimeOct 07, 2025
Men Who Posed as Utility Workers Found Guilty in Jeweler’s Murder

Carlos Jose Hernandez and Joshua Zuazo face life in prison for the October 2024 murder of 72-year-old Detroit-area jeweler Hussein Murray.

Zoë Kravitz Wearing Jessica McCormack Tempest Sapphire Pendant and Tempest Diamond Necklace
CollectionsOct 07, 2025
Jessica McCormack Looks to Sea Spirits for ‘Tempest’ Collection

The brand’s first high jewelry collection, “Tempest” plays with movement while calling to mind the folklore of the sea.

Lightning Ridge Rural Fire Brigade
SourcingOct 07, 2025
Columbia Gem House Announces ‘Opals for Outback Heroes’ Fundraiser

Proceeds from its jewelry raffle will go to a volunteer-run fire and rescue group in the Lightning Ridge area of New South Wales, Australia.

Stuller 2025 S.E.R.V.E. Star Awards winners
MajorsOct 07, 2025
Stuller Names Its S.E.R.V.E Stars for 2025

Stuller said the recipients embody the company’s core values, which include community participation and personal and professional growth.

All four models of Citizen’s new Rainell watch
WatchesOct 06, 2025
This Fall, Citizen’s Forecast Calls for Rain

Citizen’s new “Rainell” women’s watch has a raindrop-shaped case and is available with a silver-, gold-, purple-, or green-colored dial.

Mercedes Gleitze Rolex Oyster 1926
AuctionsOct 06, 2025
The ‘Rolex That Made Rolex’ Heads to Auction at Sotheby’s

The “Mercedes Gleitze Rolex Oyster,” named for the British endurance swimmer who made it famous, will go up for sale next month.

Amit Pratihari GIA India
GradingOct 06, 2025
GIA India Names Former De Beers Exec as New Managing Director

Amit Pratihari was previously the managing director of De Beers India and Forevermark India.

DCWC 2025 Board of Directors
SourcingOct 06, 2025
SoCal 24 Karat Club Integrates Into Diamond Club West Coast

Members of the Jewelers 24 Karat Club of Southern California will gain access to expanded services, resources, and connections, DCWC said.

Selena Gomez and Benny Blanco Wedding, Jacob & Co. Watch
TrendsOct 03, 2025
Selena Gomez, Benny Blanco Tie the Knot Wearing Diamonds, White Metals

Gomez’s jewelry included Tiffany & Co. drop-style earrings while Blanco stacked diamonds from Jacob & Co. on his wrist.

HRD Antwerp CEO Paul De Wachter
GradingOct 03, 2025
Grading Lab HRD Antwerp Names New CEO

Diamond industry banking veteran Paul De Wachter will take on the role in January 2026.

Taylor Swift Kallati sapphire ring
TrendsOct 03, 2025
Piece of the Week: Kallati’s Pink Sapphire Ring

Taylor Swift flaunts an Elizabeth Taylor-esque gemstone in promo for her new album, “The Life of a Showgirl.”

Boucheron Quatre Sand Collection
CollectionsOct 02, 2025
Boucheron Debuts Cuffs Crafted With 3D-Printed Sand

Its “Quantre Sand” capsule was made using a 3D sand printing technique borrowed from the automotive and aeronautics industries.

Stock image of crime scene tape
CrimeOct 02, 2025
$1M in Jewelry Stolen in Northern California Smash and Grab

Four individuals have been charged in the “takeover-style” robbery of Heller Jewelers last month, and additional charges are expected.

Neil Lane and Boucheron bow tie brooch
MajorsOct 02, 2025
Neil Lane Jewelry Exhibition Coming to Toledo Museum of Art

“Radiance and Reverie” will showcase more than 150 jewels from Lane’s personal collection by Tiffany & Co., Cartier, and more.

×

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