Policies & Issues

President Biden’s Vaccine or Testing Mandate Gets Green Light

Policies & IssuesDec 21, 2021

President Biden’s Vaccine or Testing Mandate Gets Green Light

OSHA said it will hold back on issuing noncompliance citations due to the confusion surrounding the mandate.

2021_Vaccines.jpg
Private companies with 100 or more employees are required to either have their workers fully vaccinated against COVID-19 or require weekly testing, as per the OSHA rule.
New York—President Biden’s vaccine and testing mandate for private businesses was reinstated by a federal appeals court last week following a November injunction.

A ruling by the 6th U.S. Court of Appeals in Cincinnati lifted a November injunction that blocked a rule by the Occupational Safety and Health Administration (OSHA) requiring companies with 100 or more employees to either have their workers fully vaccinated against COVID-19 or require weekly testing.

The initial announcement about the Emergency Temporary Standard (ETS) implemented by OSHA was met with some pushback, including from the National Retail Federation, which filed a lawsuit in November to challenge the rule.

The trade organization once again expressed its concerns about the ruling in a statement issued Friday by David French, its senior vice president of government relations.

“NRF has long maintained that OSHA, in promulgating its Vaccine Mandate Emergency Temporary Standard, exceeded the authority granted to it by Congress in 1970 and crafted a rule that is infeasible for employers to implement during the critical holiday season,” said French.

The organization asked the Biden administration to delay the implementation guideline and said it will “consider additional legal options.”

Other critics of the bill had echoed the NRF’s sentiment, but the federal government contended it had 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.

The 6th Circuit agreed in its decision Friday, pointing out OSHA’s historical precedent for using its discretion to protect workers, and said it had demonstrated the “pervasive danger that COVID-19 poses to workers—unvaccinated workers in particular—in their workplaces.”

 Related stories will be right here … 

The mandate caused some confusion when it was first announced in the fall without key details, leaving business owners with many unanswered questions. The confusion may have been exacerbated by the injunction and, now, reinstatement of the rule.

“To account for any uncertainty created by the stay, OSHA is exercising enforcement discretion with respect to the compliance dates of the ETS,” a Department of Labor spokesperson said in a statement.

The rule required affected businesses to have workers fully vaccinated or be submitting a weekly COVID test by Jan. 4.

Unvaccinated employees were required to wear masks indoors as of Dec. 5.

OSHA will not issue citations for noncompliance with any of the rule’s requirements before Jan.10.

It will not issue citations for noncompliance with the rule’s testing requirements before Feb. 9, “so long as an employer is exercising reasonable, good faith efforts to come into compliance with the standard.”

OSHA said it will work with those under the rule to provide compliance assistance.

Though the rule has passed one hurdle, there may be a Supreme Court battle up ahead.

Texas Attorney General Ken Paxton tweeted, following the Friday ruling, that he would ask the Supreme Court to overturn the rule.

The Justice Department expressed concern that blocking the OSHA rule will be detrimental to the public as COVID-19 cases rise this winter and the Omicron variant rages.

“COVID-19 is spreading in workplaces, and workers are being hospitalized and dying,” the Justice Department said in a court filing Friday.

“As COVID-19 case numbers continue to rise and a new variant has emerged, the threat to workers is ongoing and overwhelming.”

For more information about COVID-19 safety or the vaccine, visit the Centers for Disease Control and Prevention’s website.

The Latest

A selection of animal jewelry
EditorsJun 11, 2026
This Was the Best Animal Jewelry in Las Vegas

From lions and hippos to snails and fish, Senior Editor Lenore Fedow wrangles her picks for cutest jewelry critters in Las Vegas.

Grandview Klein diamonds
SourcingJun 11, 2026
Grandview Klein, London Jewelers Partner To Cut 63-Carat Rough

The big stone will be fashioned into a 20.26-carat diamond in celebration of the retailer’s 100th anniversary this year.

Marie-Laure Cérède
MajorsJun 11, 2026
Former Cartier Creative Director To Head Chanel’s Jewelry Creation Studio

Marie-Laure Cérède will join Chanel as the new director of its jewelry creation studio, starting in October.

PG-05-SHOT-2-LUCIDA.033 1.png
Brought to you by
All Eyes on Gold Prices. Alternatives to Look For. And What to BEWARE of in Vegas

As gold prices rise, today’s retailers are looking for alternatives at prices that will appeal to wider audiences.

Smiling Rocks booth at JCK Las Vegas 2026
Lab-GrownJun 11, 2026
Smiling Rocks’ ‘Wish Jar’ Generates 100+ Wishes in Las Vegas

At the JCK show, the lab-grown diamond brand teamed up with Jewelers for Children to support Make-A-Wish India.

Weekly QuizJun 11, 2026
This Week’s Quiz
Test your jewelry news knowledge by answering these questions.
Take the Quiz
Ilana McCabe
SourcingJun 11, 2026
Signet Jewelers Exec Joins Diamonds Do Good Board

Ilana McCabe is Signet’s vice president of public relations and brand communications.

Azure blue diamond and 5.04-carat fancy vivid blue diamond
AuctionsJun 10, 2026
31.62-Carat ‘Azure Blue’ Diamond Sells For $8M+ at Christie’s

It was a banner day for blue gemstones, with another blue diamond topping $8 million and a 41-carat sapphire going for $2.3 million.

1872x1052-NextGem-2026-National-Jeweler-Advertorial.jpg
Brought to you by
How Modern Training Is Becoming a Competitive Advantage for Jewelry Retailers

With the trade and customer trust in mind, GIA® developed NextGem™ – on-demand training designed specifically for retail.

Saks Fifth Avenue New York City storefront
MajorsJun 10, 2026
Saks Global Receives Bankruptcy Court Approval for Reorganization

The approval means the retailer is on track to exit bankruptcy proceedings this summer.

Jalen Javon Davis and Leslie La Vun Jones II
CrimeJun 10, 2026
2 Suspects Arrested in Texas Jewelry Store Robbery

The men are believed to be part of the group of several masked suspects that robbed Marc Robinson Jewelers in April.

Sylvie Levine wearing engagement ring
CollectionsJun 10, 2026
Sylvie Debuts ‘Elevated’ Bridal Collection Inspired By Designer’s Ring

The bridal-focused brand is also launching its Custom Atelier this summer, a digital custom design tool for its authorized retailers.

De Beers Group CEO Al Cook
EditorsJun 09, 2026
Q&A: Al Cook on the Lab-Grown ‘Bubble,’ Dwindling Diamond Supply

The De Beers Group CEO also discussed tariffs, Desert Diamonds, and the pending sale of De Beers in an interview with Michelle Graff.

Russ Whitehouse
MajorsJun 09, 2026
Wilkerson's Russ Whitehouse Retires

The industry veteran is bringing his 56-year run in the fine jewelry sector to an end.

Pride in the Industry LGBTQ+ Voices in Jewelry panel
Events & AwardsJun 09, 2026
Pride Month Panel to Highlight LGBTQ+ Jewelry Voices

The panel discussion will feature LGBTQ+ leaders across the jewelry, luxury, and creative industries.

Marie Lichtenberg Smash Collection Campaign Imagery
CollectionsJun 09, 2026
Marie Lichtenberg’s New Capsule Collection Is a Smash, Literally

Inspired by a locket that got run over, the “Smash” capsule collection reimagines the shape of Lichtenberg’s signature style.

Katherine Whitacre
MajorsJun 09, 2026
Frederick Goldman Names Director of Sales for Southeast

The company has promoted Katherine Whitacre to the role.

Collage of new Stuller items
MajorsJun 08, 2026
Stuller Expands Selection of Lab-Grown Diamonds, Demi-Fine Jewelry

The jewelry manufacturer has added Taylor Swift-esque diamond shapes, and more silver, gold vermeil, and gold-plated jewelry.

De Beers Group’s Sally Morrison
SourcingJun 08, 2026
Sally Morrison to Depart De Beers This Summer

Morrison has been marketing diamonds on and off since the early 2000s and said she is leaving to “pursue new projects.”

Lauren K Gemma pendant
TrendsJun 08, 2026
Amanda’s Style File: June’s Birthstone Trio

Those born in June can celebrate with pearl, alexandrite, and moonstone jewelry.

Overnight Mountings Ring Builder Platform
TechnologyJun 08, 2026
Overnight Mountings Launches Ring Builder Platform

The platform allows retailers to guide clients through a customizable engagement ring buying experience in a branded interface.

Dunkelberger’s Fine Jewelry
IndependentsJun 05, 2026
Pennsylvania Jewelry Store To Close After 79 Years

Jim Springer, owner of Dunkelberger’s Fine Jewelry, is heading into retirement.

Stock image of a person shopping at the grocery store
SurveysJun 05, 2026
Consumers to Cut Back on Spending Amid Rising Prices, Survey Shows

When conducting its May consumer confidence survey, The Conference Board asked extra questions about consumers’ budgeting strategies.

Rebel Jewelry Tunnel Charm
CollectionsJun 05, 2026
Rebel Jewelry’s Charm Symbolizes Perseverance for Pride Month

The “Tunnel” charm, our Piece of the Week, celebrates Pride Month with its design inspired by hope and the light at the end of the tunnel.

Three gold rings set with yellow- and brown-hued diamonds
SourcingJun 05, 2026
State of Diamonds: The Way Forward for Natural Diamonds

The jewelry industry is reassessing its positioning as Gen Z reshapes the retail landscape and lab grown continues to gain market share.

A Marvelous Journey: The Collection of Maurice Tempelsman
AuctionsJun 04, 2026
Treasures from Maurice Tempelsman’s ‘Marvelous’ Life Head to Auction

Up for auction at Sotheby’s, the collection of Tempelsman’s personal effects includes a Cartier Tank watch Jackie O. gifted him.

Dakota Badia and Nancy Badia
CollectionsJun 04, 2026
Buddha Mama to Spend the Summer in Aspen

The Miami-based fine jewelry brand will host its first summer residency in the Colorado mountain town from June 5 to Aug. 23.

AGS at Peter Yantzer Building dedication
MajorsJun 04, 2026
AGS Honors Late Peter Yantzer, Holds Time Capsule Ceremony

The organization also announced its international board of directors for the 2026-2027 term.

×

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