California Assembly Bill 2646 was developed by the UFW and introduced by Assemblywoman Maggy Krell (D-Sacramento) in the legislature on February 20, 2026. If enacted, it would set a minimum hourly rate of $19.75 for certain agricultural workers beginning January 1, 2027, with an automatic cost-of-living adjustment each January thereafter. The requirement would apply to two categories of workers: "approved agricultural employees" and "corresponding employees."
Who would be covered
Approved agricultural employees are defined as individuals engaged in agriculture who live outside California and are permitted to work in the state on a temporary or seasonal basis through a job order or application approved by state agencies. This definition effectively targets the H-2A program, because only out-of-state, temporary farmworkers come under H-2A certifications and permits.
Corresponding employees are California residents or other workers who perform the same or substantially similar work as an approved agricultural employee. That means domestic workers doing the same jobs would also get the higher wage.
Why this matters to H-2A employers
AB 2646 appears calibrated to respond to the U.S. Department of Labor's recent Interim Final Rule (IFR) on H-2A wage methodology, which in many cases reduced H-2A wage rates paid in California. The base wage rate of $19.75 matches California's adverse effect wage rate (AEWR) for 2024. The choice of terms like "approved agricultural employee," instead of explicitly saying "H-2A worker," seems intentional. It may be aimed at avoiding a straightforward federal preemption challenge if the law is tested in court. But simply avoiding the H-2A label is unlikely to shield the statute from a legal defense based on federal supremacy, given that the bill's definitions and regulatory impact clearly target the H-2A program. Whether that strategy holds up under judicial review remains uncertain.
Because the proposal is still early in the legislative process, its language could change before any final vote. But AB 2646 is part of a broader trend toward industry-specific wage laws in California, following similar frameworks in healthcare and fast-food sectors.
Western Growers
