Legal takeaways from March 2026

By Emma Peterson. 

Trent Cotney dives into legal updates for contractors in the latest Cotney Brief.  

As we move further into 2026, it becomes clear that the uncertainty of the past few years is still very much with us. From geopolitics impacting supply chains and international trading to domestic labor challenges and changing regulations, there’s a lot to keep up with. Luckily, Trent Cotney, a lawyer and partner at Adams and Reese, has made it easy to keep up with all the changes through his monthly updates – the Cotney Briefs. Here’s what he shared in the March edition.  

1 – Independent Contractor Test 

At the end of February, the Wage and Hour Division of the U.S. Department of Labor (DOL) proposed the rescinding of the 2024 independent contractor rule and the return to a modified version of the 2021 rule. At its core, this proposal is a move towards returning to a narrower independent contractor test.  

What this means for contractors: If this rule were to pass, it would impact “overtime exposure, minimum wage obligations, recordkeeping and potential litigation risk under the Fair Labor Standards Act.” However, this is still only a proposed change. Until a final rule is adopted, contractors should focus on reviewing their subcontractor relationships, agreements and documentation.   

2 – Supreme Court tariff ruling 

Recently, the Supreme Court looked at the Learning Resources, Inc. v. Trump and the consolidated V.O.S. Selections cases. These cases were challenging the tariffs that the Trump administration imposed under the International Emergency Economic Powers Act (IEEPA). The Supreme Court held that IEEPA does not give the Presidential administration the authority to impose tariffs. Rather, that responsibility and authority belongs to congress under Article I.  

What this means for contractors: This ruling does not eliminate all presidential tariff authority, especially as there are many other trade statutes that may provide pathways to presidentially authorized tariffs, it does place a significant limit on it. For contractors, this is a reminder that “tariff-related cost shocks may depend as much on statutory authority as on politics.” 

3 – Electronic communication and authorization 

In the digital era, it is becoming increasingly rare to get an in-person signature on every document. Instead, contractors often have extensive digital records of electronic customer communications and authorizations. In many ways, this has made the entire construction process more efficient, as things like quotes, change orders, approvals, scheduling updates and payment communications can be processed and approved faster.  

However, contractors must be aware that if they do not address whether these communications are binding in their contracts, they can end up in a dispute about what was actually authorized and/or approved. 

What this means for contractors: Avoiding this type of dispute is as simple as including an electronic communications and eSignature clause in your contracts. Trent recommends something similar to the following:  

The parties agree that this Agreement, any change orders, work authorizations, notices, approvals, invoices, waivers and other project-related communications or documents may be transmitted, executed and stored electronically. Electronic signatures, including signatures affixed through recognized electronic signature platforms and approvals transmitted by email or other agreed electronic means, shall be deemed valid and enforceable to the fullest extent permitted by applicable law and shall have the same force and effect as original handwritten signatures.  

The parties further agree that electronically stored copies of this Agreement and related Project documents shall be admissible for all purposes and may be relied upon as if they were original documents. Each party is responsible for maintaining accurate contact information for its authorized representatives and for safeguarding access to its electronic communication systems and signature tools. No party shall deny the validity or enforceability of a document solely because it was transmitted or executed electronically. 

4 – TCPA compliance 

The Telephone Consumer Protection Act (TCPA) was made to protect consumers by restricting “telemarketing calls and texts made with an automatic telephone dialing system or an artificial or prerecorded voice.” To adhere to this act, the FCC requires express written consent from the consumer to receive telemarketing messages. This act also gives the consumer revocation rights, allowing them to revoke consent for messaging in any reasonable manner.  

What this means for contractors: For contractors who rely on calls and text messages for lead generation, appointment confirmation and more, it is important to “use clear written consent language, maintain opt-out procedures, scrub calling lists and train employees on when a communication crosses the line into telemarketing” in order to stay compliant.  

Read the full brief online.