December 30, 2015
The Patient Protection and Affordable Care Act ("ACA") imposes reporting requirements on providers of minimum essential coverage (including insurers and employers that self-insure health benefits) about the coverage provided. In addition, large employers (generally those with 50 or more full-time and full-time equivalent employees in the prior year) must report about the health coverage offered by the employer to its full-time employees. The reporting requirements are effective for 2015, with the first reports due in 2016 for 2015 coverage.
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December 22, 2015
Access the following free resources and earn up to 9 recertification credits NOW.
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December 17, 2015
Have you been using E-Verify more than 10 years?
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December 17, 2015
On November 12, 2015, the IRS released a Tax Tip to help employers and insurers understand the electronic filing requirements for information returns required by the Affordable Care Act (ACA). For the 2015 year, as required by the ACA, the IRS will receive and process information returns reporting on individual’s health insurance coverage from insurance companies, self-insured companies, and businesses that provide health insurance to their employees.
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December 17, 2015
On December 3, 2015, the Equal Employment Opportunity Commission (EEOC) released two documents explaining the workplace rights of individuals with HIV infection under the Americans with Disabilities Act (ADA), including the right to be free from employment discrimination and harassment, and the right to reasonable accommodations in the workplace.
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December 08, 2015
Click here to download a PDF of our December 2015 Newsletter and stay up-to-date with NOARK.
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December 04, 2015
This year has seen an increase in incidents involving workplace shootings, including the Paris and San Bernardino attacks. According to a Fact Sheet published by the Bureau of Labor Statistics, shootings have accounted for seventy-eight percent of all workplace homicides. Eighty-three percent of these shootings occurred in the private sector. The National Institute for Occupational Safety and Health estimates that the overall cost related to violence in the workplace is more than $120 billion.
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November 25, 2015
On November 18, 2015, the United States Court of Appeals for the Third Circuit issued a decision regarding joint employers that extends liability for violations of Title VII to the clients of staffing companies. In the case of Matthew Faush v. Tuesday Morning, Inc., the Third Circuit found that the client of a staffing company could be considered a temporary worker's employer and therefore liable for alleged violation of Title VII.
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November 16, 2015
Leon Jones, Jr., Director of the Arkansas Department of Labor, has announced that Cobb-Vantress Inc., Bates Mountain Farm, a division of Tyson Foods, Inc., located in Summers, is the recipient of a Seven (7) Year Accumulative Safety Award.
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October 21, 2015
Pursuant to recent Federal court litigation (discussed previously in TSA emails), USCIS has proposed a new rule for STEM (science, technology, engineering and math) optional practical training (OPT). Basically the new rule will allow for a 24 month extension for STEM graduates to the basic 12 months of OPT provided to most F-1 student graduates. This would give qualifying F-1 students a total of 36 months of OPT.
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October 14, 2015
The Patient Protection and Affordable Care Act ("PPACA") treats a "small employer" differently than a large employer for many purposes. No single definition applies in determining when an employer is considered a small employer.
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October 05, 2015
Click here to download a PDF of our October 2015 Newsletter and stay up-to-date with NOARK.
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October 01, 2015
The IRS recently created an online Affordable Care Act Information Center for large employers. This new online resource includes a variety of information for large employers, including information on determining large employer status, employer shared responsibility requirements and the new Affordable Care Act reporting requirements. The website also provides links to related documents and websites, including forms, questions and answers, publications and videos.
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September 29, 2015
On September 25, 2015, the Department of State (DOS) and United States Immigration and Citizenship Services (USCIS) dramatically changed their September 9, 2015 announcement calling for revised procedures for individuals waiting to file for Adjustment of Status (AOS). In the revised announcement, the DOS and USCIS significantly adjusted Family-Based and Employment-Based preference timelines and released a new October Visa Bulletin, superseding the Visa Bulletin released on September 9th.
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September 23, 2015
Proper evidence must be presented to the National Labor Relations Board ("NLRB") to demonstrate a sufficient "showing of interest" in order to establish there is necessary support as required by the National Labor Relations Act (the "Act") to proceed with a representation election. The purpose of the demonstration of an adequate showing of interest is to determine whether the conduct of an election will serve a useful purpose under the Act, i.e., whether there is sufficient employee interest to warrant the expenditure of the time, effort and resources of the NLRB in conducting an election for union representation. This requirement has been called an important safeguard against the potential for abuse of election procedures.
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September 23, 2015
Dayco Products' tensioner manufacturing facility and technical center of Springdale celebrated Tuesday one million work hours without a lost time accident mark, an achievement last met at the site in March 2011.
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September 14, 2015
On September 10, 2015, the Office of Federal Contract Compliance Programs (OFCCP), a division of the Department of Labor (DOL), issued a Final Rule protecting employees who "inquire about, discuss, or disclose their own compensation or the compensation of another employee or applicant" from adverse employment actions in the workplace. The so-called "pay secrecy ban" applies to almost all federal contractors that enter into new, or modify existing, federal contract(s) in excess of $10,000 after January 1, 2016.
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September 11, 2015
The Department of State (DOS) and the United States Citizenship and Immigration Services (USCIS) announced yesterday revised procedures for individuals waiting to file for Adjustment of Status (AOS).
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September 10, 2015
Click here to download a PDF of our September 2015 Newsletter and stay up-to-date with NOARK.
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September 01, 2015
The U.S. Department of Labor (DOL) yesterday refused requests from certain lawmakers, nonprofits and employer groups to extend its comment period on its proposed overtime rule. The comment deadline therefore is still this Friday, September 4, 2015. As you will recall, the DOL gave notice in July of its proposed rule, and invited comment over a 60-day period.
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August 11, 2015
Click here to download a PDF of our August 2015 Newsletter and stay up-to-date with NOARK.
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August 10, 2015
Click here to download a PDF of our June 2015 Newsletter and stay up-to-date with NOARK.
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July 30, 2015
The Occupational Safety and Health Administration (OSHA) issued a Notice of Proposed Rulemaking July 29, 2015, that seeks to clarify that the duty to record work-related injuries and illnesses is an ongoing obligation throughout the five-year period during which employers are required to keep the records.
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July 28, 2015
EBP ADVISORY – REMINDER TO SELF-INSURED PLAN SPONSORS FORM 720 TO PAY PCORI FEES DUE JULY 31ST
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July 27, 2015
On June 25, 2015, in King v. Burwell, the United States Supreme Court again rejected a major challenge to the Affordable Care Act ("ACA"). With this decision, the ACA is here to stay and employers should immediately begin planning for its implementation and consider what impact it may have on their current and future health care benefits.
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July 22, 2015
Misclassification of employees as independent contractors is found in an increasing number of workplaces in the United States, in part reflecting larger restructuring of business organizations. When employers improperly classify employees as independent contractors, the employees may not receive important workplace protections such as the minimum wage, overtime compensation, unemployment insurance, and workers' compensation. Misclassification also results in lower tax revenues for government and an uneven playing field for employers who properly classify their workers. Although independent contracting relationships can be advantageous for workers and businesses, some employees may be intentionally misclassified as a means to cut costs and avoid compliance with labor laws.
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July 22, 2015
The Trade Preferences Extension Act, which became law on June 29, 2015, included a provision having nothing to do with extending trade preferences. Flying under the radar of many, the law has doubled per-employee penalties on applicable large employers for failing to file Affordable Care Act (ACA) information returns with the IRS starting in 2016, or failing to furnish employees with payee statements, as required by the ACA, regarding their health care coverage.
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July 08, 2015
Click here to download a PDF of our July 2015 Newsletter and stay up-to-date with NOARK.
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July 01, 2015
Today the U.S. Department of Labor (DOL) released a much-anticipated proposed rule change that would increase employer overtime obligations for an estimated 5 million employees. The proposed rule seeks to change the minimum salary threshold to $970 per week (the equivalent of $50,440 annually). Currently, to be exempt from the overtime and minimum wage requirements of the Fair Labor Standards Act (FLSA), employees classified under the so-called "white collar" exemptions must satisfy the "salary basis" test, which requires employees to be paid a salary of at least $455 per week (the equivalent of $23,660 annually). The proposed rule concerns "white collar" exemptions under the FLSA for executive, administrative, professional and computer employees. The proposed rule would also increase the threshold total yearly compensation amount for highly compensated employees from $100,000 to $122,148 per year.
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June 25, 2015
Bureau of Consular Affairs Currently Experiencing Passport / Visa Systems Errors
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June 25, 2015
According to the Centers for Disease Control, the flu season “most commonly peaks in the U.S. in January or February.” In its last weekly flu advisory report, the agency reported that flu is widespread in more than half of the country and many states are reporting severe outbreaks. The CDC says “the proportion of people seeing their health care provider for influenza-like illness [has] increased significantly, and is above the national baseline” for this time of year. Reports of increasing hospitalizations and death are coming in from across the country, many of them caused by the H1N1 strain. Also known as the “swine flu,” H1N1 is the strain of flu behind the 2009 flu pandemic.
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June 22, 2015
Northwest Arkansas Business Journal honors Cammie Scott with the Women in Business award
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June 22, 2015
Northwest Arkansas Human Resource Association (NOARK) Receives Prestigious SHRM Award for Advancing the HR Profession
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June 19, 2015
On June 15, 2015, the U.S. Department of State issued an alert stating:
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June 19, 2015
The Occupational Safety and Health Administration (OSHA), which requires that all employers under its jurisdiction provide employees with sanitary and accessible toilet facilities, has issued guidelines regarding restroom access for transgender employees. OSHA advises that all employees should be permitted to use restroom facilities that correspond with the employee's gender identity. According to OSHA, each employee should determine the most appropriate and safest option for himself or herself.
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June 14, 2015
The Springdale School of Innovation is a technology-rich STEM School. It embraces flexible and blended learning, allowing for a self-paced and project-based learning environment that promotes student success.
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June 03, 2015
Fayetteville, AR – Leadership Fayetteville Class XXVIII graduated on May 14, 2015. The annual Leadership Fayetteville program exists to create a foundation from which its graduates can further expand their involvement within the Fayetteville community.
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June 02, 2015
On June 1, 2015, a Texas federal court ruled against the Associated Builders and Contractors of Texas and other plaintiffs who were challenging the National Labor Relations Board's ambush election rule, which significantly shortens the period of time that employers and employees have to prepare for a union election after receiving an election petition. The business group-plaintiffs claimed that the NLRB's rule violated the Administrative Procedure and National Labor Relations Acts, but the Texas Court ruled that the plaintiffs failed to show how the rule violated either Act.
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June 02, 2015
U.S. Supreme Court held that employment decisions cannot be motivated by an applicant's religious practice, regardless of whether an employer had actual knowledge of an applicant's need for an accommodation for the religious practice.
June 02, 2015
Click here to download a PDF of our May 2015 Newsletter and stay up-to-date with NOARK.
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June 02, 2015
Click here to download a PDF of our April 2015 Newsletter and stay up-to-date with NOARK.
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June 02, 2015
Hazard Communication Standard in 2012 with the global standard for chemical product labeling. The provisions for labeling offer workers better protection from chemical hazards, while also reducing trade barriers and improving productivity for American businesses that regularly handle, store, and use hazardous chemicals
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May 21, 2015
USCIS Temporarily Suspends Premium Processing for H-1B Extensions
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May 19, 2015
The Arkansas District Export Council named winners of the 2015 Governor's Award for Excellence in Global Trade in advance of its awards luncheon Wednesday at the Governor's Mansion.
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May 08, 2015
Heat illness sickens thousands of workers every year, and severe cases can be fatal. To help keep outdoor workers cool, the Occupational Safety and Health Administration developed a free app to calculate worksite heat index and risk levels, and educate users about how to respond to a heat emergency. More than 187,000 people have downloaded the app since its 2011 launch. In the app's first big update on May 5, iPhone users discovered new features. With an attractive, easy-to-use interface, the new version is optimized for the latest iPhones. The app automatically provides the current conditions and maximum heat at your location and can accept manual input if users don't have cell service.
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May 07, 2015
Bentonville Bella Vista Chamber of Commerce celebrated National Small Business week by having an award presented to a Small Business Person.
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May 04, 2015
OSHA unveils new version of "It's the Law" poster to help prevent injuries and protect workers' rights
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April 24, 2015
Recent landmark decisions and heightened activity at the National Labor Relations Board create an unprecedented union-friendly environment for employers to navigate. (If this is where you would normally stop reading, because your company is not unionized so none of this "labor stuff" applies to your workplace - think again!). These decisions and activity include:
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April 20, 2015
The Equal Employment Opportunity Commission (EEOC) has announced that it will publish a Notice of Proposed Rulemaking (NPRM) today, April 20, 2015, describing how the Americans with Disabilities Act (ADA) applies to wellness programs. Many employers offer incentivized workplace wellness programs designed to promote health and disease prevention, some of which incorporate biometric screenings and health risk assessments. The proposed rule will provide guidance on the use of financial incentives to encourage participation in wellness programs-without violating federal law.
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April 20, 2015
The United States Sixth Circuit Court of Appeals Holds Regular And Predictable On-Site Job Attendance Is An Essential Function Of Former Employee's Job With Ford.
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April 16, 2015
After numerous fits and starts, and some awkward backtracking, the Department of Labor (DOL) proposed its new revised fiduciary definition rule on April 14, 2015. Labor Secretary Thomas Perez stated that the new rule is intended to force advisers and consultants working with retirement plan sponsors, plan participants or other fiduciaries and IRA owners to put their clients' best interest ahead of their personal interest and curb the "corrosive power of fine print and high fees." The proposed rule has the potential to significantly increase the scope of who would qualify as a "fiduciary" under the Employee Retirement Income Security Act (ERISA) and the Internal Revenue Code (Code), and consequently would be subject to the duties and obligations, not to mention the liabilities, of a fiduciary (including being subject to lawsuits) under those laws.
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April 16, 2015
CGWG and the University of Arkansas Global Campus are jointly hosting this timely webinar. This presentation will spotlight today's most prevalent wage and hour issues, including misclassification of employees (exempt vs. non-exempt and employee vs. independent contractor), overtime pay, training time, meal breaks and off-the-clock work. This session will help employers recognize when they have wage and hour problems and will address steps employers can take to avoid liability, including the implementation of effective policies and practices. CGWG attorney Missy McJunkins Duke will also provide an update regarding wage and hour law, such as:
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April 13, 2015
2016 H-1B CAP Has Been Reached
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March 26, 2015
On March 25, 2015, the United States Supreme Court issued its highly anticipated decision in Young v. United Parcel Services, Inc., 575 U.S. ____, (2015). Employers had hoped this decision would clarify whether employees with work related injuries were "similar in their ability or inability to work" for the purposes of determining the accommodation required for a pregnant employee under the Pregnancy Discrimination Act ("PDA"). The PDA requires employers to treat "women affected by pregnancy . . . the same for all employment-related purposes . . . as other persons not so affected but similar in their ability or inability to work." 42 USC § 2000e(k). However, despite a ruling from the Court, employers are left without a bright-line rule as to whether, and under what circumstances, employers that offer limited light duty to non-pregnant employees must offer the same light duty to pregnant employees.
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March 20, 2015
Current Department of Labor (DOL) regulations require 401(k) plan administrators to provide fee and expense disclosures regarding plan investment options where participants have the ability to direct some or all of their investments. These disclosures must be initially provided to participants on or before the date the participants become eligible to direct their investments in the plan and "at least annually thereafter." Additional guidance from the DOL clarified that "at least annually thereafter" means at least once in any 12-month period after the prior disclosure was provided.
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March 20, 2015
The National Labor Relations Board's (NLRB) General Counsel issued a long-awaited, 30-page memorandum on Wednesday offering employers guidance on crafting policies and rules that will not be deemed unlawful by the NLRB. This memo is applicable to all employers subject to the National Labor Relations Act (NLRA), regardless of whether they have union-represented employees.
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March 19, 2015
This popular seminar will allow attendees to grasp the value of getting and keeping the right people on their team by providing skills to interview for competency and fit. The speaker will also touch on avoiding common interview traps and knowing the law in order to limit liabilities. Attendees will leave being able to identify the components of great on-boarding and why it is vital to business success.
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March 19, 2015
Learn techniques and tools to eliminate miscommunication.
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March 18, 2015
Be a part of the “In Crowd” and join NOARK’s "CLUB 15" to support the SHRM Foundation
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March 17, 2015
Click here to download a PDF of our March 2015 Newsletter and stay up-to-date with NOARK.
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March 17, 2015
On March 9, 2015, the U.S. Supreme Court ruled in favor of the U.S. Department of Labor (DOL), holding that the Department validly rescinded its own rules regarding mortgage loan officers. This ruling is significant for businesses in the financial services industry: the DOL does not consider mortgage loan officers to be exempt under the administrative exemption.
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March 10, 2015
Please join us at Mojito’s in Rogers on March 18, 2015 from 5:30 p.m. to 7:00 p.m. for a networking event to support the SHRM Foundation.
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March 10, 2015
On March 8, 2015, E-Verify published the new Supplemental Guide for E-Verify Employer Agents . This new guide replaces the E-Verify User Manual for E-Verify Employer Agents and the E-Verify Quick Reference Guide for E-Verify Employer Agents. These two documents are now retired.
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March 03, 2015
Be a part of the “In Crowd” and join NOARK’s "CLUB 15" to support the SHRM Foundation.
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February 24, 2015
Equality for Women is Progress for All
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February 18, 2015
February has rolled around again, so it's time to start working on H-1B petitions that must be filed on April 1 for eligibility under the H-1B cap.
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January 30, 2015
On February 18, 2015, United States Citizenship and Immigration Services (USCIS) will begin accepting requests for individuals who are eligible for the Expanded Deferred Action for Childhood Arrivals (DACA) program (i.e., people who entered the United States before the age of 16 and lived in the United States continuously since January 1, 2010).
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January 28, 2015
The University of Arkanas-Fayetteville would like to invite your company to recruit talented U of A students at our Spring 2015 career events.
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January 28, 2015
FREE informative event to be held on February 13th at the Bella Vista Country Club.
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January 28, 2015
Nominate Outstanding Businesses & individuals for 2015 Small Business Week!
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January 20, 2015
The Northwest Arkansas Business Journal will be celebrating women in the working world in the inaugural Women in Business feature, to be published in June 2015.
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January 20, 2015
Crowder College’s McDonald County campus in Jane MO, is seeking local business and industry to participate in a Career Fair to be held on March 6th, from 10:00am to 6:00pm. Crowder is partnering with the Northwest Arkansas and Southwest Missouri Workforce Investment Boards to provide the community with an opportunity to not only explore what educational opportunities Crowder has to offer, but to explore the region’s employment opportunities as well.
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January 06, 2015
Arkansas will be increasing the minimum wage over the next few years.
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