15th annual class action survey contains important lessons for employers

The 2026 Carlton Fields Class Action Survey—which surveys hundreds of general counsel and senior legal officers at major companies—has been released. The survey shows that labor and employment class actions remain a significant concern for employers. Overall, 91.7% of companies reported facing class actions regularly. It also offers key takeaways, including the need to comply with wage and hour laws and to carefully evaluate policies governing the use of artificial intelligence (AI) in employment decisions.

15 years of data show a growing class action threat

This year marks the 15th edition of the Class Action Survey. When the survey began in 2011, companies reported spending about 10% of their litigation budgets defending class actions, totaling $2.17 billion. By 2025, class action defense accounted for 11.8% of litigation spending, reaching $4.53 billion.

Although the percentage of spending has increased modestly, total spending has more than doubled over 15 years. Recent data reinforces this trend. Class action defense spending rose by $320 million from 2024 to 2025, even as its share of overall litigation spending declined slightly from 12.5% to 11.8%.

Overall, the data shows that class actions have become more costly and complex, with increases in risk, volume, and associated defense spending.

Wage and hour claims remain the most common