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    Why the Retail Industry Is Fighting Vaccine Mandates

    The Biden administration has called on major companies to help fight the pandemic. Big chains want to get past the holiday staffing crunch first.The holiday shopping season has arrived, and retailers are ringing it in by doing everything from cutting prices to stocking showrooms to lure back customers who stayed at home last year. What the biggest of them are not doing is the one thing the White House and many public health experts have asked them to: mandate that their workers be vaccinated.As other industries with workers in public-facing roles, like airlines and hospitals, have moved toward requiring vaccines, retailers have dug in their heels, citing concerns about a labor shortage. And a portion of one of the country’s largest work forces will remain unvaccinated, just as shoppers are expected to flock to stores.At the heart of the retailers’ resistance is a worry about having enough people to work. In a tight labor market, retailers have been offering perks like higher wages and better hours to prospective employees in hopes of having enough people to staff their stores and distribution centers. The National Retail Federation, the industry’s largest trade group, has estimated that retailers will hire up to 665,000 seasonal workers this year.Walmart, the nation’s biggest private employer, declined to comment on its plans for vaccinations or testing.Eze Amos for The New York TimesMacy’s, for example, said it planned to hire 76,000 full- and part-time employees this season. The retailer has offered referral bonuses of up to $500 for each friend or relative whom employees recruit to join it. Macy’s asked corporate staff this fall to be vaccinated or test negative for Covid-19 to enter its offices. But store workers are a different story.“We have a lot of stores that have a lot of openings, and any ruling that we have to mandate those colleagues be vaccinated prior to Christmas is just going to exacerbate our labor shortage going into a really critical period for us,” Jeff Gennette, Macy’s chief executive, said in an interview.The industry showed how strongly it feels about the issue this month when the Biden administration directed companies with 100 or more workers to mandate vaccines or weekly tests by Jan. 4. Five days after that announcement, the National Retail Federation sued to stop the effort.“We all agree with the premise that vaccines are good and vaccines save lives,” Stephanie Martz, the chief administrative officer of the N.R.F., said in an interview Monday.“But by the same token, you can’t just say, ‘OK, make it so.’”The order is now held up in litigation, challenged by a number of lawsuits from a broad coalition of opponents, and could make its way to the Supreme Court. Court filings by the administration warn that blocking the rule would “likely cost dozens or even hundreds of lives per day.”Mr. Gennette, who sits on the board of the federation, said Macy’s would “love to see” the order put in place in the first quarter, which typically begins in February for the industry. That echoes the federation, which has said it wants to move the deadline back several months.“I support it — I would just love to have it on a timetable that works for us,” Mr. Gennette said. “We need more time.”Jeff Gennette, Macy’s chief executive, said he believed in the importance of employee vaccinations but didn’t want them required until after the holidays.Jeenah Moon for The New York TimesMany health experts say employee mandates are the only way to help the country emerge from the pandemic, as rampant misinformation and politicization of the coronavirus have helped suppress vaccination rates. The vaccination rate for those 12 and older in the United States is about 69 percent, with rates in some pockets of the country as low as 40 percent. Average daily case reports have increased more than 20 percent over the past two weeks.“It’s a pretty big ask, there’s no one denying that,” Crystal Watson, a senior scholar at the Center for Health Security at Johns Hopkins University, said of requiring vaccinations for retail employees. “But we’ve also tried a lot of other things to help people get vaccinated — and I think a mandate right now is what we need to get over that barrier.”Walmart, the nation’s biggest private employer, declined to comment on the federation’s lawsuit or its plans for vaccinations or testing. A spokeswoman for Target said the company had “started taking the necessary steps to meet the requirements of the new Covid-19 rules for large companies as soon as the details were announced.”Spokespeople for several retailers on the federation’s board, including Kohl’s, Dick’s Sporting Goods and Saks, declined to comment for this article.Concern about challenges in hiring workers is a major cause of retailers’ hesitancy.Jim Wilson/The New York Times“I think employers are embarrassed and ashamed by what they are objecting to and therefore use the N.R.F. as a cover,” said Stuart Appelbaum, president of the Retail, Wholesale and Department Store Union.He added: “If you had a choice of going to a workplace, or as a customer to go to a store, that said, ‘All our employees are vaccinated or tested,’ or another store that says, ‘We have no idea who’s vaccinated or tested,’ which would you choose? And that’s why, let’s say, Acme Department Store doesn’t want to advertise that it’s promoting bad public policy.”Many employers in industries, like retail, that have mandated vaccines at corporate offices have not required them for frontline workers, sharing concerns about challenges in hiring. But those workers, including about four million at stores, are among the most vulnerable. They interact frequently with the public and are less likely to be vaccinated themselves. Mandates at Tyson, United Airlines and several health care companies indicate that when faced with the prospect of losing their job, employees most frequently choose inoculation.“We know vaccine requirements work,” said Kevin Munoz, a spokesman for the White House. “The federal government, the country’s largest employer, has successfully implemented its requirement in a way that has boosted vaccinations and avoids any disruptions to operations.”.css-1xzcza9{list-style-type:disc;padding-inline-start:1em;}.css-3btd0c{font-family:nyt-franklin,helvetica,arial,sans-serif;font-size:1rem;line-height:1.375rem;color:#333;margin-bottom:0.78125rem;}@media (min-width:740px){.css-3btd0c{font-size:1.0625rem;line-height:1.5rem;margin-bottom:0.9375rem;}}.css-3btd0c strong{font-weight:600;}.css-3btd0c em{font-style:italic;}.css-1kpebx{margin:0 auto;font-family:nyt-franklin,helvetica,arial,sans-serif;font-weight:700;font-size:1.125rem;line-height:1.3125rem;color:#121212;}#NYT_BELOW_MAIN_CONTENT_REGION .css-1kpebx{font-family:nyt-cheltenham,georgia,’times new roman’,times,serif;font-weight:700;font-size:1.375rem;line-height:1.625rem;}@media (min-width:740px){#NYT_BELOW_MAIN_CONTENT_REGION .css-1kpebx{font-size:1.6875rem;line-height:1.875rem;}}@media (min-width:740px){.css-1kpebx{font-size:1.25rem;line-height:1.4375rem;}}.css-1gtxqqv{margin-bottom:0;}.css-16ed7iq{width:100%;display:-webkit-box;display:-webkit-flex;display:-ms-flexbox;display:flex;-webkit-align-items:center;-webkit-box-align:center;-ms-flex-align:center;align-items:center;-webkit-box-pack:center;-webkit-justify-content:center;-ms-flex-pack:center;justify-content:center;padding:10px 0;background-color:white;}.css-pmm6ed{display:-webkit-box;display:-webkit-flex;display:-ms-flexbox;display:flex;-webkit-align-items:center;-webkit-box-align:center;-ms-flex-align:center;align-items:center;}.css-pmm6ed > :not(:first-child){margin-left:5px;}.css-5gimkt{font-family:nyt-franklin,helvetica,arial,sans-serif;font-size:0.8125rem;font-weight:700;-webkit-letter-spacing:0.03em;-moz-letter-spacing:0.03em;-ms-letter-spacing:0.03em;letter-spacing:0.03em;text-transform:uppercase;color:#333;}.css-5gimkt:after{content:’Collapse’;}.css-rdoyk0{-webkit-transition:all 0.5s ease;transition:all 0.5s ease;-webkit-transform:rotate(180deg);-ms-transform:rotate(180deg);transform:rotate(180deg);}.css-eb027h{max-height:5000px;-webkit-transition:max-height 0.5s ease;transition:max-height 0.5s ease;}.css-6mllg9{-webkit-transition:all 0.5s ease;transition:all 0.5s ease;position:relative;opacity:0;}.css-6mllg9:before{content:”;background-image:linear-gradient(180deg,transparent,#ffffff);background-image:-webkit-linear-gradient(270deg,rgba(255,255,255,0),#ffffff);height:80px;width:100%;position:absolute;bottom:0px;pointer-events:none;}.css-1g3vlj0{font-family:nyt-franklin,helvetica,arial,sans-serif;font-size:1rem;line-height:1.375rem;color:#333;margin-bottom:0.78125rem;}@media (min-width:740px){.css-1g3vlj0{font-size:1.0625rem;line-height:1.5rem;margin-bottom:0.9375rem;}}.css-1g3vlj0 strong{font-weight:600;}.css-1g3vlj0 em{font-style:italic;}.css-1g3vlj0{margin-bottom:0;margin-top:0.25rem;}.css-19zsuqr{display:block;margin-bottom:0.9375rem;}.css-12vbvwq{background-color:white;border:1px solid #e2e2e2;width:calc(100% – 40px);max-width:600px;margin:1.5rem auto 1.9rem;padding:15px;box-sizing:border-box;}@media (min-width:740px){.css-12vbvwq{padding:20px;width:100%;}}.css-12vbvwq:focus{outline:1px solid #e2e2e2;}#NYT_BELOW_MAIN_CONTENT_REGION .css-12vbvwq{border:none;padding:10px 0 0;border-top:2px solid #121212;}.css-12vbvwq[data-truncated] .css-rdoyk0{-webkit-transform:rotate(0deg);-ms-transform:rotate(0deg);transform:rotate(0deg);}.css-12vbvwq[data-truncated] .css-eb027h{max-height:300px;overflow:hidden;-webkit-transition:none;transition:none;}.css-12vbvwq[data-truncated] .css-5gimkt:after{content:’See more’;}.css-12vbvwq[data-truncated] .css-6mllg9{opacity:1;}.css-qjk116{margin:0 auto;overflow:hidden;}.css-qjk116 strong{font-weight:700;}.css-qjk116 em{font-style:italic;}.css-qjk116 a{color:#326891;-webkit-text-decoration:underline;text-decoration:underline;text-underline-offset:1px;-webkit-text-decoration-thickness:1px;text-decoration-thickness:1px;-webkit-text-decoration-color:#326891;text-decoration-color:#326891;}.css-qjk116 a:visited{color:#326891;-webkit-text-decoration-color:#326891;text-decoration-color:#326891;}.css-qjk116 a:hover{-webkit-text-decoration:none;text-decoration:none;}Still, companies mandating vaccines have faced protests or lawsuits. In some states litigation has been passed to impede it. Disney, for instance, paused a mandate for employees at Disney World in Florida after it became illegal for employers in the state to require workers to get the shot.The panic and precautions tied to Covid-19 have played out at retail stores throughout the pandemic and ensnared their workers.First, there was the divide between essential and nonessential businesses, which prompted chains like Guitar Center and Dillard’s to argue that they needed to stay open — and keep their employees coming in — despite the worsening public health crisis. Workers have been at the forefront of disputes around mask mandates and then mask enforcement. Retail chains like REI have been criticized for failing to inform employees about Covid cases in stores. Grocery store workers were not given priority access to vaccines in many states.Target’s chief executive attributed strong staffing numbers to perks and safety measures.Amr Alfiky/The New York Times“We’ve seen, throughout the pandemic, self-serving messages from employers who are putting profitability above their own employees’ health and safety,” Mr. Appelbaum said. “They have a misguided idea that it’s better for profits to take certain actions.”Business has boomed for some of the largest retailers, like Target and Walmart, throughout the pandemic. And while they are still facing rising prices and supply chain strain, executives have indicated recently that pressure on staffing has waned.“We feel really good about our staffing going into the holiday season,” Brian Cornell, Target’s chief executive, told CNBC last week. He added that the company’s retention numbers were “some of the strongest in our history,” which he attributed to perks and safety measures.Retailers are betting that consumers will be comfortable shopping in stores, where foot traffic is already higher than in 2020, regardless of the industry’s efforts to fight the new vaccination and testing requirements. And for those who are concerned about the lack of vaccinations, the companies have bolstered their e-commerce operations and curbside pickup offerings in the past year, though in-store shopping often leads to more purchases and fewer returns.When asked what Macy’s would tell concerned customers about shopping in stores, Mr. Gennette said: “What I would say is we encourage every one of our colleagues to be vaccinated and every colleague wears a mask in our stores and warehouses to protect themselves and others.”Last week, a number of health groups and experts, including the American Medical Association and the American College of Physicians, put out a statement imploring companies to move forward with the Labor Department rules.“The hope was to provide some perspective for business leaders to remind them this is not a political issue,” said Dr. Ashish K. Jha, dean of the Brown University School of Public Health, who was one of the signatories. Dr. Jha said it was important for companies in all industries to follow the rule, noting that retailers play a particular role, given the nature of their employee base. He said those measures should be put in place during the holiday season — not after — especially as that is when case numbers are expected to rise.“Do they really want to be superspreader places during the holiday season and be responsible for their employees getting sick and for their employees spreading it to customers?” Dr. Jha said. More

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    Retailers’ Latest Headache: Shutdowns at Their Vietnamese Suppliers

    Factories in the country, a major apparel and footwear supplier to the U.S., have been forced by the pandemic to close or operate at reduced capacity, complicating the all-important holiday season.After a bruising 18 months of the pandemic, this fall represented a fresh start for the apparel company Everlane. It was preparing to release a slew of new products, with September marking the beginning of an ambitious marketing campaign around its denim.Instead, Everlane has spent this month scrambling just to get jeans — along with other products like bags and shoes — out of Vietnam, where a surge in coronavirus cases has forced factories to either close or operate at severely reduced capacity with staff living in on-site bubbles.“At this point, we have factories in 100 percent lockdown,” Michael Preysman, Everlane’s chief executive, said in an interview. “Do we fly things over? Do we move things? Do we adjust in the factory? It’s a nonstop game of Tetris.”The crisis in Vietnam, which has grown in recent years to become the second-biggest supplier of apparel and footwear to the United States after China, is the latest curveball to be tossed at the retail industry, which has been battered by the pandemic. Vietnam made it through the first part of the pandemic relatively unscathed, but now the Delta variant of the coronavirus is on a rampage, highlighting the uneven distribution of vaccines globally and the perils that new outbreaks pose to the world’s economy.With the holiday season fast approaching, many American retailers are anticipating delays and shortages of goods, along with higher prices tied to labor and already skyrocketing shipping costs. Everlane said it was facing delays of four to eight weeks, depending on when factories it worked with in Vietnam had closed. Nike cut its sales forecast last week, citing the loss of 10 weeks of production in Vietnam since mid-July and reopenings set to start in phases in October.The apparel company Everlane said that 40 percent of its wares came from Vietnam.Justin Kaneps for The New York Times“We weren’t anticipating a full lockdown,” said Jana Gold, a senior director with Alvarez & Marsal’s consumer and retail group, who has been helping retailers with supply chain issues. “We’re going to continue to see a high demand for goods from highly vaccinated countries or regions, but who are getting the goods from highly unvaccinated countries that could be struggling.”The logjam has put a spotlight on Vietnam’s key role in outfitting American consumers. Many retailers moved their manufacturing to the country from China over the past decade because of rising costs. New tariffs on China instituted under former President Donald J. Trump accelerated the shift.Contract factories in Vietnam manufactured 51 percent of total Nike brand footwear last year. Lululemon and Gap, which also owns Old Navy, have said a third of their merchandise comes from factories in Vietnam. Everlane said the country supplies 40 percent of its wares.As the coronavirus tore across the globe, Vietnam was hailed as a bright spot for its rock-bottom caseload and strong economy. Over 15 months, only 3,000 infections and 15 deaths were reported in the country. But during the summer, the Delta variant erupted among a population that was almost entirely unvaccinated. Now, the caseload has surged past 766,000 and the death toll is nearing 19,000.The densely packed industrial hub of Ho Chi Minh City, the country’s virus epicenter, has experienced a series of increasingly stringent lockdowns, with many factories temporarily closing in July. That paralyzed commercial activity and added stress to a strained global supply chain. Although new cases have started to decline, the government extended the lockdown through the end of September, as it struggles to vaccinate its residents.People waiting to receive their vaccination in Hanoi, Vietnam, this month.Linh Pham/Getty ImagesAt the beginning of September, only 3.3 percent of the country’s population was fully vaccinated, while 15.4 percent had received one shot.The American apparel and footwear industry has asked the Vietnamese government to prioritize shots among factory workers. Executives from roughly 90 companies, including Nike and Fruit of the Loom, asked the Biden administration in a letter in mid-August to accelerate vaccine donations, saying that “​​the health of our industry is directly dependent on the health of Vietnam’s industry.” The group said the industry employed about three million U.S. workers.On a visit to Vietnam last month, Vice President Kamala Harris said the United States would send an additional one million vaccine doses, on top of the five million already donated, along with $23 million in emergency aid and 77 freezers to store the vaccine.“The situation in Vietnam is exactly why we need to be accelerating our efforts to provide donations of vaccines around the world,” said Steve Lamar, president of the American Apparel & Footwear Association, a trade group. Retailers have been setting up vaccination sites at factories to help administer shots once doses are obtained and are trying to keep manufacturing going through “three-in-one place” policy, where workers eat, sleep and work at factories, he said.According to the latest figures from the government, nearly everyone in Ho Chi Minh City has received the first shot.A garment factory in Hanoi in January, before the lockdown.Kham/ReutersJason Chen, chairman and founder of Singtex, a garment factory owner, said last week that the company’s 350-person factory in Binh Duong Province was down to 80 people, who were living on the premises to comply with government restrictions. The factory erected a tent to serve dinner to workers and has been shifting some retail orders to Singtex’s factories in Taiwan. Mr. Chen said he was prepared for the Vietnamese factories to remain closed until November.“This year in the U.S.A., everybody wants to go shopping,” Mr. Chen said. “Some goods cannot be delivered in the right time. So it really will affect the holiday.”He added that administrators at the factory were calling workers who were in lockdown to see if they needed financial and other assistance. But many are struggling.Le Quoc Khanh, 40, who assembles electronic home appliances at Saigon Hi-Tech Park, said the rigidity of the government lockdown had been “very hard” for him and his wife, who have three small children and rent their home in Ho Chi Minh City. His employer is not yet able to bring him back, even though he is vaccinated, and he said he had been forced to borrow money at high interest rates to pay for electricity, diapers and food.“On Sept. 15, when I heard that anyone who had two doses could go to work, my wife and I were so happy that we burst into tears, but now the government says to wait until the end of September,” he said. “My wife and I are so worried. It’s like we are sitting on fire — we really need money for living now.”The pandemic’s continuing impact on crucial supply chains may have a longer-lasting impact on future investment decisions in Vietnam and other emerging economies. Companies choosing where to invest abroad have always evaluated a broad slate of conditions, like taxes, regulatory requirements and labor force availability.“All of a sudden, they have to start thinking about the public health response,” said Chad P. Brown, an economist at the Peterson Institute for International Economics. Huong Le Thu, a senior analyst at the Australian Strategic Policy Institute, added: “The Delta wave is just one of the variants. Vietnam, just like other countries, will have to prepare for the long game and potentially more outbreaks even after mass vaccination.”Hoping that restrictions will be eased in October, some factories in Ho Chi Minh City that have been closed since July are preparing to resume production.At the moment, though, American companies are looking outside Vietnam, often returning to Chinese factories that they worked with previously or finding partners in other countries that are not in the middle of a surge.Whether they will have enough time to shift before the holidays is questionable. “September is a bad time to reposition things,” said Gordon Hanson, an economist and urban policy professor at Harvard Kennedy School.Vietnam has been a regular topic on recent earnings calls for retailers, and concerns have probably ballooned as reopenings have been pushed. Adidas, based in Germany, said last month that delays that started with closings in mid-July were among issues that could cost the company more than 500 million euros in sales in the second half of the year.Restoration Hardware cited the shutdowns as a key factor in its decision to push the introduction of a new collection to next spring and to delay fall catalogs. Urban Outfitters said that while it would normally replenish best-selling products during the holiday season, its top concern now was simply getting products into the United States.The outbreak emerged just as the United States appeared to be regaining its economic footing and retailers were seeing a rebound in sales after a difficult 2020.Gihan Amarasiriwardena, right, with his Ministry of Supply co-founder Aman Advani, said the brand had paid about $1.50 per $125 shirt in transportation costs before the pandemic. Now, the cost is nearly $6.Tony Luong for The New York Times“In mid-June, the world looked like a pretty good place, at least in the U.S., and we anticipated this great recovery and here we are,” said Gihan Amarasiriwardena, president and co-founder of Ministry of Supply, a small apparel brand.Production delays aren’t the only problem. Ocean freight costs have soared during the pandemic, ports are crowded and demand for air shipping has jumped so significantly that Ms. Gold of Alvarez & Marsal said some retailers had chartered their own airplanes to transport goods.Since last year, the cost of shipping a container from East Asia to the West Coast of North America has leapt to $20,000 from $4,000, according to the transportation company FreightCo.Mr. Amarasiriwardena said Ministry of Supply had paid about $1.50 in transportation costs for a $125 shirt before the pandemic. Now, the cost is nearly $6 per shirt.Macy’s chief executive, Jeff Gennette, said, “This is the one keeping me up at night,” referring to supply chain issues at ports and in Vietnam. For the company, “it’s a bigger potential problem in the near term than where Covid is right now,” he said.Retailers are already trying to prepare customers. L.L. Bean just added a banner to its website warning customers about holiday shipping delays and shortages and urging early shopping. Stephen Smith, the company’s chief executive, said that the messaging was “unprecedented” for mid-September and that the company normally started talking about holiday orders and shipping cutoffs “deep into October or even November.”Mr. Preysman of Everlane said he anticipated that the supply chain would not rebound to its prepandemic health for several years.“You have to live in a new normal where the stability of 2019 doesn’t come back for three to five years,” he said. “This is going to take a long time to sort out.”Chau Doan More