Governor Gavin Newsom signed AB 2646, authored by Assemblymember Maggy Krell, on September 30, 2026. Effective January 1, 2027, the law establishes a separate California minimum wage for specified agricultural workers, including H-2A workers and qualifying domestic employees.
The law sets a base hourly wage of $19.75, with annual adjustments tied to the Social Security cost-of-living adjustment beginning January 1, 2027. Employers should therefore account for that adjustment when planning for the 2027 wage requirement.
Although AB 2646 does not expressly name the H-2A program, it covers nonresident agricultural employees working temporarily or seasonally through an application or job order approved, in whole or in part, by California’s Labor and Workforce Development Agency or Employment Development Department. Such employees are by definition H-2A workers.
The law also covers California residents who perform the same or substantially similar work for the same employer in the same county during the same period. This coverage is broader than the H-2A regulations’ definition of “domestic worker in corresponding employment,” which limits corresponding workers to the same work locations as H-2A workers. The law does not establish a blanket $19.75 minimum wage for every California agricultural employee.
Western Growers opposed AB 2646 because of the additional costs it would impose on agricultural employers already operating under intense financial pressure. Western Growers is evaluating next steps, including potential legal action, and will keep members informed as those efforts develop.
Employers should review which positions fall within the law’s coverage and consider the potential impact on their 2027 labor budgets and job orders. For questions about H-2A planning and compliance, contact Western Growers H-2A Services at [email protected].