In this guide12 sections
- 1. Which wage rules apply to H-2A workers in California?
- 2. What your H-2A contract guarantees
- 3. Housing, heat and transportation in California
- 4. Recruitment fees, passports and immigration threats
- 5. Pay problems we see in H-2A jobs
- 6. Safety, injuries and workers’ comp
- 7. Retaliation, discrimination and leave
- 8. What you can recover and deadlines
- 9. What to do now
- 10. Frequently asked questions
- 11. Laws this guide relies on
- Sources
H-2A guest farmworkers in California are protected by two sets of rules at once: the federal H-2A contract, which guarantees free housing, free daily transportation, free tools and pay for at least three-fourths of the promised work hours, and California law, which adds the state minimum wage, daily overtime, paid breaks, heat protections and workers’ comp. Where the two overlap, you are generally owed whichever gives you more, and your visa does not take any of these rights away.
This guide also covers “corresponding” local workers doing the same jobs for the same H-2A employer.
Who this guide is not for: if you are a California farmworker without an H-2A visa, start with our California farmworker rights guide, and for Central Valley overtime, heat and injury questions see farmworker rights in Kern and Fresno counties. Packing-house and cannery jobs are covered in the food processing worker guide.
- Field and livestock work falls under Wage Order 14, and you must be paid the highest of the federal H-2A rate, the prevailing wage, any union rate or California’s minimum wage: $16.90 an hour in 2026, $17.40 from January 1, 2027.
- Labor Code 1208, effective January 1, 2027, sets a $19.75 hourly base rate, indexed to Social Security cost-of-living increases, for out-of-state farmworkers hired through a state-approved job order and their corresponding local coworkers.
- California overtime applies to H-2A workers: time and a half after 8 hours a day or 40 a week, and double time after 12 hours in a day.
- Your H-2A contract must give you free housing, daily transportation and tools, and work or pay for at least three-fourths of the promised hours.
- Recruitment fees and passport confiscation are prohibited, and threatening to call immigration because you complained is illegal under Labor Code 1019.
1. Which wage rules apply to H-2A workers in California?
Field, harvest, irrigation and livestock work fall under Wage Order 14. Packing and processing work may fall under Wage Order 13 or Wage Order 8 instead.
Federal H-2A rules require your employer to pay at least the highest rate in effect when you do the work: the federal Adverse Effect Wage Rate (AEWR) for your job, the prevailing wage, any union contract rate, or the federal or state minimum wage. Employers must also follow state and local law. In California:
- State minimum wage: $16.90 an hour in 2026 and $17.40 from January 1, 2027, or a higher city or county rate where one applies (see minimum wage by city).
- A new floor in 2027: AB 2646, signed September 30, 2026, adds Labor Code 1208, which sets a $19.75 hourly base rate for “approved agricultural employees” (out-of-state farmworkers hired for seasonal work after the Labor and Workforce Development Agency or the Employment Development Department approved the employer’s job order or application) and for “corresponding employees” (California residents doing substantially similar work for the same employer, in the same county, at the same time). The law takes effect January 1, 2027. It also says the rate is to be adjusted by the Social Security cost-of-living adjustment “commencing on January 1, 2027, and each January 1 thereafter,” so the rate actually owed in 2027 may be somewhat above $19.75; check the Labor Commissioner’s posted figure. See our post on the $19.75 farmworker minimum wage.
- The federal AEWR is in flux: the Department of Labor changed its method in October 2025, and new rates based on that method took effect in California on August 3, 2026. On August 26, 2026, a federal court in California (United Farm Workers v. Department of Labor) found the method unlawful but left the current rates in place while the Department writes a new one; a later order set a December 30, 2026 deadline. The Department has told employers they may later owe back wages for the period starting September 2, 2026, but the court has not decided that yet, so keep every pay statement.
If your job order promises more, the job order rate is generally what you are owed.
Overtime and breaks
Since January 1, 2025, Wage Order 14 and Labor Code 860 and 862 require every agricultural employer, whatever its size, to pay time and a half after 8 hours in a workday or 40 in a workweek, and double time after 12 hours in a day (workers under a qualifying union contract can have different terms). You are also owed a paid 10-minute rest break for every 4 hours worked (or major fraction of 4) and a 30-minute meal break when you work more than 5 hours. If you are paid by the bin or bucket, Labor Code 226.2 requires separate pay for rest breaks and waiting time.
💡 Example: Rafael, a hypothetical H-2A worker, earns $16.90 an hour and works six 10-hour days. That is 12 hours of daily overtime, and 8 more of weekly overtime because his remaining 48 hours exceed 40. He is owed 40 × $16.90 = $676.00 plus 20 × $25.35 = $507.00, or $1,183.00. Paid a flat 60 × $16.90 = $1,014.00, he is short $169.00.
2. What your H-2A contract guarantees
Your job order or work contract is binding. You must get a copy in a language you understand no later than when you apply for your visa. Federal rules require these terms:
| Protection | What it means | Rule |
|---|---|---|
| Housing | Free, safe housing for workers who cannot go home each day; no deposits for bedding | 20 CFR 655.122(d) |
| Daily transportation | Free rides between employer housing and the worksite in safe, insured vehicles | 20 CFR 655.122(h) |
| Travel to the job | Your travel and meal costs from home, repaid once you complete 50% of the contract (if not advanced) | 20 CFR 655.122(h)(1) |
| Trip home | Paid if you finish the contract, or are let go without cause and have no other H-2A job | 20 CFR 655.122(h)(2) |
| Tools and equipment | Provided without charge or deposit | 20 CFR 655.122(f) |
| Meals | Three meals a day at no more than the charge stated in the job offer, or free cooking and kitchen facilities | 20 CFR 655.122(g) |
| Workers’ comp | Coverage required by state law | 20 CFR 655.122(e) |
| Payday | At least twice a month, with a statement showing hours offered, hours worked, rate, total earnings and each deduction | 20 CFR 655.122(k), (m) |
| Deductions | Only those required by law or listed in the job offer, and they must be reasonable | 20 CFR 655.122(p) |
The three-fourths guarantee
Your employer must offer you work for at least three-fourths of the workdays in the contract period, counted in hours (not counting your Sabbath or federal holidays). If it offers less, it must pay the difference as if you had worked. Hours offered but not worked by choice still count, up to the job order’s daily maximum.
💡 Example: Ana’s hypothetical job order promises 12 weeks of work, 5 days a week, 8 hours a day: 480 hours, with no holidays in the period. Three-fourths of that is 360 hours. After a poor harvest she is offered and works only 300 hours. Her employer owes her 60 more hours of pay; at $16.90 an hour, that is $1,014.00.
You can lose the guarantee and the paid trip home if you abandon the job (5 consecutive working days missed without consent) or are lawfully fired for cause, and the employer reports it within 2 working days. If fire, weather or another “Act of God” makes the contract impossible to finish, the employer still owes the guarantee for the time that has passed and must try to transfer you or pay your way home.
3. Housing, heat and transportation in California
Housing for five or more employees is also covered by California’s Employee Housing Act. The Department of Housing and Community Development (HCD), or a local agency that has taken over enforcement, inspects it and investigates complaints (HCD: 800-952-8356).
Cal/OSHA’s outdoor heat rule applies to every field crew:
- Water: free and fresh, at least one quart per worker per hour.
- Shade: up when it is over 80°F, with room for everyone on a break.
- Cool-down rest: whenever you need it, at least 5 minutes plus time to reach shade.
- High heat: at 95°F and above, agricultural employers must make sure you take a 10-minute cool-down rest at least every 2 hours.
Read more about heat illness and employer liability.
Your job order, your pay statements and a daily log of hours offered and worked are usually enough to check the wage rate, overtime and the three-fourths guarantee. Keep copies where your employer can’t reach them.
4. Recruitment fees, passports and immigration threats
Recruitment fees. Your employer and its agents may not take any payment from you for the H-2A process, including recruitment, attorney and application fees, whether as cash, wage deductions, kickbacks or free labor. It must also bar its foreign recruiters, in writing, from charging you. If you paid a recruiter, keep every receipt, message and name.
Passports. Your employer may not hold or confiscate your passport, visa or other immigration documents.
Immigration threats. Your visa is tied to your employer: you generally must leave the United States when the contract ends or you are separated, unless another H-2A employer sponsors you. That does not let an employer silence you. Under Labor Code 1019, threatening to contact immigration authorities, or filing or threatening a false report, because you complained about pay or asserted your rights is an unfair immigration-related practice, and doing it within 90 days of your complaint is presumed to be retaliation. Labor Code 1171.5 makes California’s labor protections available regardless of immigration status. See immigration threats at work and workplace immigration rights.
Federal rules are changing. On June 20, 2025, the Department of Labor announced it was suspending enforcement of its 2024 Farmworker Protection Rule (which added organizing, housing-guest and representation rights), and on July 2, 2025 it proposed rescinding most of that rule. The core protections in this guide, including the fee and passport bans, come from H-2A rules that predate 2024, and California law applies regardless.
5. Pay problems we see in H-2A jobs
| Practice | Is it legal? | Law |
|---|---|---|
| Paying the federal H-2A rate when California’s minimum wage is higher | No. The highest applicable rate controls. | 20 CFR 655.122(l); Wage Order 14 §4 |
| Straight time for 10-hour days | No. Overtime is owed after 8 hours a day or 40 a week. | Wage Order 14 §3 |
| Charging for housing, tools or rides to the field | No | 20 CFR 655.122(d), (f), (h) |
| Deducting recruitment or certification fees | No | 20 CFR 655.135(j) |
| Ending the season early without paying the three-fourths guarantee | Generally no | 20 CFR 655.122(i) |
| Piece rate with nothing extra for rest breaks or waiting for bins | No | Labor Code 226.2 |
| Pay statements that leave out hours offered or worked | No | 20 CFR 655.122(k); Labor Code 226 |
| Holding your final pay after the season ends | No. Up to 30 days of waiting-time penalties. | Labor Code 203 |
If a farm labor contractor hired you, the grower can often share responsibility for unpaid wages and missing workers’ comp coverage under Labor Code 2810.3 (generally when it has 25 or more workers, more than 5 of them supplied, and the work is part of its usual business); the temp and staffing worker guide explains how that client-employer rule works.
6. Safety, injuries and workers’ comp
Every California employer must carry workers’ compensation insurance, and your H-2A contract requires it too. It covers injuries and illnesses caused by work, including heat illness, falls and repetitive strain. For 2026 injuries, temporary disability pays $264.61 to $1,764.11 a week.
- Report the injury in writing within 30 days (Labor Code 5400), and ask for a DWC-1 claim form.
- File the claim within 1 year in most cases (Labor Code 5405).
- Firing or threatening you for filing a claim is illegal under Labor Code 132a. See our workers’ compensation page.
7. Retaliation, discrimination and leave
| Protected activity | Protection | Law |
|---|---|---|
| Complaining about pay or filing a wage claim | No firing, discipline or threats | Labor Code 98.6 |
| Filing a complaint, consulting a lawyer or legal aid, testifying, or asserting H-2A rights | No discrimination or discharge without just cause | 20 CFR 655.135(h) |
| Reporting heat, housing or safety hazards | No discharge or discrimination | Labor Code 6310 |
| Refusing work that violates a safety order and creates a real and apparent hazard | No layoff or discharge; pay for lost time | Labor Code 6311 |
| Organizing or acting together with coworkers | Unfair labor practice to interfere | Labor Code 1152, 1153 |
| Using paid sick leave (40 hours or 5 days a year) | No denial or retaliation | Labor Code 246, 246.5 |
| Filing a workers’ comp claim | No discrimination | Labor Code 132a |
| Speaking up when the response is an immigration threat | Unfair immigration-related practice | Labor Code 1019, 1171.5 |
| Reporting sexual harassment or discrimination | No harassment, discrimination or retaliation | Gov. Code 12940 (FEHA) |
8. What you can recover and deadlines
Depending on the facts, you may be able to recover unpaid wages and overtime with interest, the three-fourths guarantee shortfall, unreimbursed travel, illegal deductions and fees, break premiums, pay stub and waiting-time penalties, and PAGA civil penalties. Deadlines:
- 3 years for most wage claims, up to 4 when the Unfair Competition Law also applies.
- 4 years for a claim on a written contract (Code of Civil Procedure 337), which may matter for job order promises.
- 1 year for a retaliation complaint with the Labor Commissioner (Labor Code 98.7).
- 3 years to file a discrimination or harassment complaint with the Civil Rights Department.
- 6 months for an unfair labor practice charge with the Agricultural Labor Relations Board.
- 30 days to report an injury and generally 1 year to file a workers’ comp claim.
If you have already gone home, you may still be able to bring a claim.
9. What to do now
- Keep your contract or job order and every pay statement, in a safe place your employer can’t reach.
- Write down each day’s hours, including hours you were offered, hours you worked, and time spent waiting or riding between fields.
- Save receipts for travel, visa and any payment to a recruiter, with names and phone numbers.
- Photograph housing problems or missing water and shade, if it is safe.
- Complain in writing and keep a copy. The U.S. Department of Labor’s Wage and Hour Division helpline is 1-866-487-9243.
- Check your numbers with our wage and hour calculator, and get advice before signing anything at season’s end. Our wage and hour team can review your records.
10. Frequently asked questions
Do H-2A workers get overtime in California?
Yes. California requires every agricultural employer to pay time and a half after 8 hours in a day or 40 in a week and double time after 12 hours in a day, and H-2A employers must follow state law.
What is the minimum wage for H-2A workers in California?
In 2026, at least $16.90 an hour or the federal H-2A rate for your job, whichever is higher, or more if your contract or a local ordinance says so. Labor Code 1208, which takes effect January 1, 2027, sets a $19.75 hourly base rate for out-of-state farmworkers hired through a state-approved job order and their corresponding local coworkers, with Social Security cost-of-living adjustments starting January 1, 2027.
The season ended early. Am I owed anything?
Possibly. If your employer offered fewer than three-fourths of the contract hours, it generally owes the difference, even when a natural disaster cut the contract short (for the time that had passed).
Can I be sent home for complaining?
Firing or threatening you for complaining about pay, safety or your H-2A rights is illegal under federal and California law, and an immigration threat in response is a separate violation.
11. Laws this guide relies on
| Law | What it does |
|---|---|
| 20 CFR 655.120, 655.122, 655.135 | H-2A wage rates, contract terms and employer promises |
| Labor Code 1208 | $19.75 base rate for approved out-of-state farmworkers and corresponding workers (effective Jan. 1, 2027; indexed yearly) |
| Wage Order 14; Labor Code 857–864 | Farmworker overtime and breaks |
| Labor Code 226.2 | Piece-rate rest and waiting time |
| 8 CCR 3395 | Outdoor heat illness prevention |
| Health and Safety Code 17000 and following | Employee Housing Act |
| Labor Code 2810.3 | Grower liability for farm labor contractor wage violations |
| Labor Code 98.6, 6310, 6311, 1019, 1171.5 | Retaliation and immigration-status protections |
| Labor Code 1152, 1153 | Farmworker organizing rights (ALRA) |
| Labor Code 5400, 5405, 132a | Workers’ comp reporting, claims and retaliation |
Sources
- 20 CFR 655.122, Contents of job offers (eCFR)
- 20 CFR 655.135, Assurances and obligations of H-2A employers (eCFR)
- U.S. Department of Labor, Fact Sheet #26: H-2A Workers
- DOL Foreign Labor Certification, H-2A Adverse Effect Wage Rates
- DOL Office of Foreign Labor Certification, announcements (Aug. 3 and Sept. 2, 2026 AEWR notices)
- U.S. Department of Labor news release, June 20, 2025 (2024 rule enforcement suspended)
- Congressional Research Service, New AEWR Methodology for H-2A (Oct. 15, 2026)
- U.S. Department of Labor, Farmworker Protection Rule status
- AB 2646 (2026), Labor Code 1208
- Agricultural Labor Relations Board, worker pamphlet (lists H-2A visa holders among workers it serves)
- IWC Wage Order 14 (Agricultural Occupations), DIR
- DIR News Release 2026-66: $17.40 minimum wage for 2027
- 8 CCR 3395, Heat Illness Prevention, Cal/OSHA
- HCD, Employee Housing Program
- DIR News Release 2025-116: 2026 temporary disability rates
- Labor Code 1019 (unfair immigration-related practices)
- Labor Code 1171.5 (immigration status)
- Labor Code 6311 (refusing unsafe work)
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 our clients, 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.
If you came to California on an H-2A visa and were shorted on wages, overtime, housing or travel costs, or were threatened for speaking up, we can review your contract and pay records. Employees First Labor Law works exclusively for workers and offers free virtual consultations, 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.
