Workplace Policy
Reasons for Hiring
FORMATION. Media outsources talent when client needs fall outside of the typical services provided by the agency. FORMATION. Media provides digital marketing consulting services and digital marketing strategies to our clients and will look to external talent for the implementation of strategies designed by the agency.
Employment Structure
Team members working with FORMATION. Media are independent contractors that have agreed to an hourly rate or flat rate per project and work on an “as needed” basis.
Definition of an Independent Contractor
To be considered an independent contractor, the role must meet ALL of the following:
That the worker has been and will continue to be free from control or direction over the performance of the work both under the terms of the parties’ contract and in fact. The contract alone will not dictate an answer to that inquiry.
The work must be outside the usual course of the employer’s business, or, the work is performed outside of all places of the employer’s business; and
The worker is customarily engaged in an independently established trade, occupation, profession or business.
Independent contractors working with FORMATION. Media are allowed to freely conduct business outside of the agency so long as it does not impede the operations of the agency as defined in the Non-Compete Agreement.
Independent contractor roles are remote and do not require residence in a set location. Independent contractor roles do not require travel to an office or physical location unless an individual project requires in-person services and the agency and contractor have previously agreed upon the travel requirements.
FORMATION. Media will provide the goals, scope and deadlines of the project as outlined by the client. It is the responsibility of the independent contractor to complete the project as he/she/they see fit. Guidance and recommendations can be provided upon request. The agency will also provide the option to take part in our internal workflow structures, use our project management tools and access other job-related resources and tools.
Hours and Attendance
Hours
Independent contractors working at an hourly rate will be given a maximum number of hours that can be spent on the project based on the agreed upon contractor rate and the client’s total budget. If an independent contractor reaches the maximum number of hours before completing the project, he/she/they must stop working. The agency and independent contractor will meet to discuss if additional payment will be provided or if work on the project will stop as determined by the client’s budget for the project.
The number of hours required to complete each project are subject to the pace at which the independent contractor works and will not be set by the agency. There is no minimum hourly guarantee and project needs may be reduced at any time based on the client’s goals and budget.
An independent contractor may never exceed 40 hours per week working on projects given by the agency. It is the duty of the independent contractor to ensure that the total number of hours required to complete all projects proposed by FORMATION. Media and accepted by her/him/them do not exceed the legal limits for independent contractors in the State of New Jersey.
New Business
New projects will not be automatically assigned to the independent contractor. When new business is won, the agency and the contractor will meet to determine if the project is a good fit for both parties. The independent contractor retains the right to turn down any project proposed by the agency.
Attendance
We prefer that the independent contractor chooses one set hour per day during standard business hours (10am to 6pm EST) to be available for immediate questions, however we will accommodate additional times and methods of communication to best support the working agreement. The agency will provide a deadline, project description and client goals, and it is the responsibility of the independent contractor to determine which days, times and the number of hours required to complete the project.
Time Off
The independent contractor is not entitled to paid time off, sick leave, or leaves of absence. An independent contractor facing a sickness, life event or “act of GOD” that prohibits him/her/them from completing an accepted project in full or in part is to give written notice as soon as it is known, so that the agency can find an alternative method of delivering the contracted work.
FORMATION. Media is closed for all major Federal holidays.
Equal Opportunity
FORMATION. Media is an equal opportunity employer. We do not discriminate on the basis of age, culture, ethnicity, gender, religion or other personal attributes.
Code of Conduct
HarassmentFORMATION. Media considers harassment any form of physical or emotional abuse, bullying or intentional causing of discomfort for others. Harassment will not be tolerated from anyone associated with the agency. If an independent contractor feels that they are a victim of harassment by a team member, client, partner, vendor, or anyone else they work with through FORMATION. Media, she/he/they must submit a complaint and can reach out to their immediate contact within the agency for support.
If an independent contractor has been accused of harassment, she/he/they will be required to meet with the agency to provide more information and determine a course of action. Independent contractors found guilty of harassment will be punished according to severity, up to and including police intervention.
Social MediaWe encourage our independent contractors to share their involvement with the agency and to share their work. However, independent contractors may never explicitly say or imply that they are formal employees of the agency. Independent contractors must use their best judgment in choosing what client work is acceptable to share, and must include credit to both the agency and the client when sharing work completed for their projects. No confidential information may be shared on social media.
Health and Safety
Physical & Mental HealthIndependent contractors working with FORMATION. Media are encouraged to consider personal health when accepting projects and setting deadlines. Independent contractors will not be penalized for turning down projects or requesting to be taken off of projects when it conflicts with their ability to remain physically, mentally and financially healthy.
Cybersecurity
Independent contractors will be working with confidential information that may not be shared. It is the duty of the independent contractor to ensure that all devices and passwords related to their work with the agency and its clients are secure. It is also the responsibility of the independent contractor to report suspicious activity on accounts related to work with the agency, and to avoid engaging in potentially dangerous activity that could lead to a security breach for the agency or its clients. In the event of a security issue, independent contractors must follow the guidelines set in the Confidentiality Agreement.
Acceptable Use
Materials created for projects related to FORMATION. Media and its clients are the property of the agency and its clients. Independent contractors may not sell or distribute any materials related to their work with the agency. Independent contractors may feature work they’ve created with FORMATION. Media in a personal portfolio with the intent of acquiring new business for themselves.
Bring Your Own Device
FORMATION. Media will not provide internet access, phone access or devices to independent contractors. Independent contractors must use personal devices that are sufficient to complete the job for which they were hired. Independent contractors are not to view sensitive information or log in to client accounts on borrowed or public devices.
Privacy
FORMATION. Media collects personal information from independent contractors as needed for proper documentation with the State of New Jersey including but not limited to full name, address, phone number, and social security number.
Independent contractors are required to track their hours either within the platform used by the agency or independently, to be submitted at the end of each pay period. Hour tracking ensures that hourly contractors are paid correctly, and provides valuable information on the scope of projects so the agency can continue to improve our workflow.
Payroll
Independent contractors' payment structure is set on an individual basis and is determined before a work agreement is signed. The agency default is to issue payment every two weeks for hourly contractors or after the project is paid in full by the client for flat rate contractors. A 1099 will be issued to independent contractors if earnings exceed New Jersey state requirements.