In this guide7 sections
Governor Newsom signed AB 2646 on September 30, 2026, setting a $19.75-per-hour minimum wage, starting in 2027, for H-2A guest farmworkers and the California farmworkers who work alongside them for the same employer. The rate will be adjusted every January based on the Social Security cost-of-living increase.
The new wage floor is $2.35 an hour above California’s general minimum wage of $17.40 for 2027. But it does not apply to every farmworker. Whether you are covered depends on whether your employer uses state-approved seasonal workers from outside California, and on what work you do, where and when.
This post explains what the law says, who it covers, when it starts, and how it fits with the wage, overtime and safety rights California farmworkers already have.
- AB 2646 was signed on September 30, 2026 and adds Labor Code section 1208.
- It sets a $19.75 hourly minimum starting January 1, 2027, adjusted each January by the Social Security cost-of-living increase.
- It covers H-2A guest workers and “corresponding” California farmworkers doing the same or similar work for the same employer, in the same county, at the same time.
- Farmworkers outside those groups are covered by the $17.40 statewide minimum for 2027.
- Overtime, piece-rate, heat-safety and anti-retaliation protections apply regardless of immigration status.
What happened
AB 2646, by Assemblymember Maggy Krell (D-Sacramento), was approved by the Governor and filed with the Secretary of State on September 30, 2026, as Chapter 956 of the Statutes of 2026, according to the bill’s official history and the Governor’s legislative update. Several news outlets reported the signing in the days that followed.
The law adds section 1208 to the Labor Code. It sets a $19.75 hourly minimum for an “approved agricultural employee” and a “corresponding employee” and requires the rate to be adjusted each January 1 by the Social Security cost-of-living adjustment. You can read the full text of AB 2646 on the Legislature’s website.
The United Farm Workers sponsored the bill. Supporters described it as a response to federal changes in how H-2A wage rates, known as Adverse Effect Wage Rates, are calculated, changes that farmworker advocates say cut pay and that a federal judge in Fresno found unlawful in August while leaving them temporarily in place. Farm groups, including Western Growers and the California Farm Bureau, opposed the bill, and Western Growers said it is considering legal options. DTN reported that about 35,000 of California’s roughly 850,000 agricultural workers are employed through the H-2A program.
| Key fact | Detail |
|---|---|
| Bill | AB 2646 (Krell), Chapter 956, Statutes of 2026 |
| Signed | September 30, 2026 |
| New law | Labor Code section 1208 |
| Minimum wage | $19.75 per hour |
| Starts | January 1, 2027 |
| Annual adjustment | Each January 1, by the Social Security cost-of-living adjustment |
| Who is covered | Approved (H-2A) agricultural employees and corresponding California-resident employees |
| 2027 statewide minimum, for comparison | $17.40 per hour |
Who the new farmworker minimum wage covers
The law covers two groups of agricultural workers:
- Approved agricultural employees. Workers engaged in agriculture who live outside California and are allowed to work here on a temporary or seasonal basis through an application or job order approved by the state Labor and Workforce Development Agency or the Employment Development Department. In practice, this describes the H-2A guest worker program. “Temporary or seasonal” generally means a need lasting no longer than one year.
- Corresponding employees. California residents engaged in agriculture who do the same or substantially similar work, during the same time period, as approved agricultural employees employed by the same employer in the same county.
| Your situation | Covered by AB 2646? | Minimum wage in 2027 |
|---|---|---|
| H-2A worker employed through an approved job order | Yes | $19.75, subject to the annual adjustment |
| California farmworker doing the same or similar work as H-2A workers, for the same employer, in the same county, at the same time | Yes | $19.75, subject to the annual adjustment |
| California farmworker whose employer does not use H-2A workers | No | $17.40 statewide minimum (or a higher local rate) |
| Same employer, but you work in a different county from its H-2A crews | Generally no, under the law’s definition | $17.40 statewide minimum (or a higher local rate) |
Because farm labor contractors often employ H-2A crews, who counts as “the same employer” may matter in some cases. If you are not sure whether you are covered, keep records of who you work alongside and who pays you.
What this means for California farmworkers
Starting in January 2027, a covered worker should earn at least $19.75 an hour. The law says the cost-of-living adjustment begins January 1, 2027, and applies each January after that, so the first rate actually paid may depend on how the state applies the first adjustment. Watch for official guidance from the Labor Commissioner.
💡 Example: Rosa lives in Kern County and picks grapes for a grower that also employs H-2A workers doing the same job in the same county. In 2027 she works 40 hours a week. At $19.75 instead of the $17.40 statewide minimum, she earns $2.35 more per hour, or $94 more per week. Over a 20-week season, that is $1,880.
Overtime builds on the higher rate. California farmworkers now earn overtime after 8 hours in a day or 40 in a week (Labor Code sections 857 to 864), so a covered worker’s overtime rate would be at least 1.5 times $19.75, about $29.63 an hour.
H-2A employers must also follow federal rules, which generally require paying the highest of the federal Adverse Effect Wage Rate, the prevailing wage, any agreed rate, or the applicable minimum wage. AB 2646 sets a state floor under that calculation.
We help farmworkers in Kern, Fresno and across California recover unpaid wages and overtime. Free, confidential consultation.
How California law protects farmworkers
AB 2646 adds to protections that already apply to farmworkers in California, regardless of immigration status (Labor Code section 1171.5):
- Minimum wage and liquidated damages. Workers paid below minimum wage can recover the unpaid amount plus an equal amount in liquidated damages (Labor Code sections 1194 and 1194.2).
- Overtime after 8 hours a day and 40 hours a week.
- Piece-rate protections. Piece-rate workers must be paid separately for rest and recovery periods and other nonproductive time (Labor Code section 226.2).
- Heat illness prevention. Water, shade when temperatures exceed 80 degrees, cool-down rest, and extra high-heat procedures at 95 degrees (Cal. Code Regs., tit. 8, section 3395).
- Protection from retaliation and immigration threats. Employers may not retaliate against workers who complain about pay or safety, or threaten to report a worker’s immigration status for exercising their rights (Labor Code sections 98.6, 244 and 1019).
Our guide to farmworker rights in Kern and Fresno counties covers overtime, heat safety and work injuries in more detail, and our roundup of new California employment laws for 2027 lists other changes taking effect in January.
What to do now
- Find out whether your employer uses H-2A workers. Note whether H-2A crews do the same work as you, in the same county, during the same weeks.
- Keep your own records. Write down your hours, the crops and tasks you work, the county, and who your employer is, including any farm labor contractor.
- Save every pay stub starting in January 2027. Check the hourly rate, overtime and piece-rate pay against the new minimum.
- Watch for official updates. The Labor Commissioner may publish guidance on the 2027 rate and how the annual adjustment is applied.
- Report underpayment. You can file a wage claim with the Labor Commissioner or talk to a lawyer. Wage claims generally must be brought within three years (Code of Civil Procedure section 338).
- Get local help. We serve farmworkers through our offices for workers in Bakersfield and Fresno, and consultations are free and confidential.
Look up the 2026 minimum wage for your city or county and check whether your pay meets it.
Frequently asked questions
What is the farmworker minimum wage in California for 2027?
For H-2A workers and corresponding California-resident workers covered by AB 2646, the minimum is $19.75 per hour starting January 1, 2027, subject to the law’s annual cost-of-living adjustment. Other farmworkers are covered by the statewide minimum of $17.40 per hour in 2027, or a higher local rate where one applies.
Does AB 2646 apply to all farmworkers?
No. It applies to approved (H-2A) agricultural employees and to California residents who do the same or substantially similar work for the same employer, in the same county and time period.
Is the new law in effect now?
It was signed on September 30, 2026. The $19.75 rate applies starting January 1, 2027.
Does my immigration status affect my right to minimum wage?
No. California wage laws protect workers regardless of immigration status, and the Labor Commissioner does not ask about status when you file a claim.
Sources
- California Legislative Information: AB 2646, Employment: minimum wages: agricultural workers (Chapter 956, Statutes of 2026)
- Office of the Governor: Governor Newsom issues legislative update 9.30.2026
- DTN: California Sets $19.75 Farmworker Minimum Wage, Drawing Ire of Ag Groups (Oct. 2, 2026)
- Western Growers: Gov. Newsom Signs UFW Minimum Wage Bill for H-2A
- California Department of Industrial Relations: California’s minimum wage set to increase to $17.40 per hour on January 1, 2027
- FreshFruitPortal: California court strikes down H-2A wage cuts (Aug. 31, 2026)
Workers only. Never employers.
At Employees First Labor Law, we represent California workers only, never employers. Our team has recovered more than $200 million for workers, and we prepare every case as if it is going to trial. We have offices in Pasadena, Irvine, Long Beach, Pomona, Riverside, Bakersfield and Fresno, and we serve workers throughout California. Meet our team.
We represent California farmworkers, including H-2A and seasonal workers, in claims for unpaid minimum wage, overtime, piece-rate pay, heat-safety violations and retaliation. Tell us about your work and we will explain your options at no cost, in English or Spanish.
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This article provides general information about California law and is not legal advice for any specific situation. Reading it does not create an attorney-client relationship. Past results do not guarantee a similar outcome.
