Wage & Hour
AB 2646 (2026): Agricultural Workers Receive $19.75 Minimum Wage
Updated
Assembly Bill 2646, authored by Assembly Member Krell, adds Labor Code section 1208 to set a minimum hourly wage of $19.75 for approved agricultural employees and their in-state counterparts. The statute takes effect January 1, 2027, and directs an annual cost-of-living adjustment each January thereafter.
Background
California law already establishes a minimum wage for all industries and imposes criminal penalties for violations of its wage provisions. The Labor Commissioner is authorized to collect unpaid wages or benefits on behalf of workers, acting as trustee and depositing those funds into the Industrial Relations Unpaid Wage Fund, which is continuously appropriated.
AB 2646 adds Labor Code section 1208, placed immediately after section 1207, to address pay for agricultural workers who enter the state on a temporary or seasonal basis and for the in-state workers who do the same jobs. The bill draws its definitions of “agriculture” and “agricultural employer” from Labor Code section 1140.4.
What the Law Changes
New section 1208 sets the minimum hourly wage for an “approved agricultural employee” and a “corresponding employee” at $19.75 per hour. An approved agricultural employee is a worker engaged in agriculture who resides outside California and is permitted to work in the state on a temporary or seasonal basis through an approved application or job order processed by the Labor and Workforce Development Agency or the Employment Development Department.
A corresponding employee is a California resident engaged in agriculture who performs the same, or substantially similar, work during the same period as an approved agricultural employee for the same employer in the same county. Temporary or seasonal work means employment that, absent extraordinary circumstances, is not expected to last longer than one year.
Labor Code section 1208 sets a $19.75 hourly minimum wage for approved agricultural employees and corresponding employees, adjusted each January by the Social Security cost-of-living figure.
Annual Adjustment and Appropriation
Commencing January 1, 2027, and each January 1 thereafter, the wage in subdivision (a) is adjusted by an amount equal to the cost-of-living adjustment for Social Security benefits for that year, as published by the Social Security Administration based on changes in the United States Consumer Price Index. The adjustment is applied to the prior year’s amount in the same manner as Social Security adjustments.
Because the measure increases revenue to the continuously appropriated Industrial Relations Unpaid Wage Fund and expands the purposes for which that money may be used, it makes an appropriation. The bill also states that no state reimbursement to local agencies is required, because any local costs arise from changes to a crime or infraction.
What This Means for You
This law sets a $19.75 hourly minimum wage, adjusted annually, for agricultural employees admitted to work in California on a temporary or seasonal basis and for in-state workers doing the same jobs for the same employer in the same county. It touches wage-and-hour matters in the agricultural sector and takes effect January 1, 2027.
I write these summaries as general information about developments in California employment law. They are not legal advice and don’t create a mediator–client relationship. For guidance on a specific matter, consult a qualified attorney.