Policies & IssuesDec 06, 2021
De Beers Owner to Require COVID-19 VaccinationsPolicies & 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.
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 …
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.”
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.
More on Policies & Issues
The Latest
ColumnistsMar 31, 2026
Q1 Clues That Reveal Where Your Jewelry Store’s Sales Are Heading These customer behavior patterns say a lot about how successful your jewelry store is going to be this year, Emmanuel Raheb writes.
CollectionsMar 31, 2026
Mejuri Adds Silver to ‘Puzzle’ CollectionMejuri’s popular collection of 18-karat yellow gold vermeil rings debuted in sterling silver alongside new “Puzzle” slider charms.
CollectionsMar 31, 2026
Buddha Mama, Ashley Longshore to Host Pop-Up in DallasThe Miami-based jewelry brand and the NYC-based artist will be in Dallas from April 9-11.
Brought to you by
Protect Your Customers and Your BusinessYou deserve to know what you are selling–to protect your customers as well as your business and your reputation.
SourcingMar 31, 2026
NDC Designates April 8 as 'World Diamond Day'The initiative invites those in the industry to share stories on social media highlighting the meaning and impact of natural diamonds.
Weekly QuizMar 26, 2026
This Week’s QuizTest your jewelry news knowledge by answering these questions.
SourcingMar 31, 2026
GIA VP Jillian Wolk to Take Over at Tracr Wolk’s first day on the job as CEO of Tracr, De Beers Group’s blockchain platform, will be May 1.
EditorsMar 30, 2026
Tom Moses Looks Back on His Decades at GIA Moses, who will leave the lab in May after nearly 50 years, discusses his start in the business, gemstones that stand out, and what’s next.
Brought to you by
Is This You? Every Jeweler Has This Problem; We Have the Solution.Every jeweler faces the same challenge: helping customers protect what they love. Here’s the solution designed for today’s jewelry business.
TrendsMar 30, 2026
Oscar Heyman Debuts First Spring CatalogThe new catalog, which showcases 35 one-of-a-kind pieces of jewelry, is a compliment to the company’s popular holiday catalog.
SourcingMar 30, 2026
Rio Tinto Hauls Last Load from DiavikProduction has ceased at the Canadian diamond mine, which has yielded more than 150 million carats of rough diamonds in its 23-year run.
MajorsMar 30, 2026
Tanishq Opens First New England LocationThe store opening marks the 10th United States location for the India-based jewelry retailer.
MajorsMar 27, 2026
Saks Global Has Changed Its Mind About Closing These 3 StoresTwo Saks Fifth Avenue locations, one in Florida and one in California, and one Neiman Marcus store are off the chopping block.
IndependentsMar 27, 2026
Jimmy West, Longtime LJG Executive Director, Dies at 72West, who started in the art department at the Leading Jewelers Guild in 1979, is remembered for his patience, kindness, and dedication.
CollectionsMar 27, 2026
Itä’s ‘Yarí Whirl’ Ring Tells Every Side of the StoryIn the “Tesoro” version of the ring, our Piece of the Week, each side of the gold hexagonal nugget has a unique colored gemstone design.
WatchesMar 26, 2026
Q&A: Citizen Watch America President Jeffrey Cohen on Eco-Drive’s 50th AnniversaryCohen discusses the evolution of Citizen’s light-powered technology, the brand’s cross-generational appeal, and tariffs.
IndependentsMar 26, 2026
Peter Smith Pens Book on Human Behavior in Sales“Essentially Human: On Sales and Salespeople" reveals the underlying human traits and behaviors of the most successful sales professionals.
CollectionsMar 26, 2026
Lionheart Celebrates 13 Years of ‘Cassandane’The collection features symbols of love, luck, and light, based on the story of Queen Cassandane and Cyrus the Great of Persia.
Events & AwardsMar 26, 2026
NAJA, Instappraise Introduce New ScholarshipIt’s the third scholarship to be launched as part of the partnership to help appraisers advance their professional credentials.
Events & AwardsMar 26, 2026
JA Still Accepting Entries for 2026 CASE AwardsThe deadline for entries in the jewelry design competition has been extended to April 3.
SourcingMar 25, 2026
Rob Bates Steps Down as JCK News Director After 28 years with JCK, the veteran industry journalist is launching his own publication on Substack called The Jewelry Wire.
GradingMar 25, 2026
New York’s Natural History Museum, Wiley To Build Minerals DatabaseWiley said the project will give scientists worldwide access to the American Museum of Natural’s History renowned mineral collection.
CollectionsMar 25, 2026
Boochier Turns Flower Friendship Bracelets Into Fine JewelryThe “Flower Puff” collection looks to beaded flower friendship bracelets from childhood, turning the silhouette into nostalgic fine jewelry.
IndependentsMar 24, 2026
Lisa Bayer, Illustrator and Beloved Member of the Muse Family, Dies at 64Bayer, founder of Lisa Bayer Designs, is remembered as “a bright light in every room.”
AuctionsMar 24, 2026
White Diamonds Shine In Christie's Jewels Online SaleThe highest-grossing lot was a Tiffany & Co. ring set with a flawless, emerald-cut diamond of 10 carats.
SourcingMar 24, 2026
AGTA Solidifies Tucson Dates For 2027-2029The next three editions of AGTA GemFair Tucson will feature a five-day show that includes Sunday.
WatchesMar 24, 2026
Christie’s Names New Senior Specialist, WatchesFormer Sotheby’s executive Tom Heap has taken on the London-based role.
CrimeMar 23, 2026
NYPD Looking for 3 Jewelry Store Robbery SuspectsThe group of women allegedly robbed two Catbird stores and one Gorjana location on the afternoon of March 9.
