H-2A Minimum Wage, Farm Labor Contractor Bonding and Penalty Expansion Bills Pass Senate
Published Friday, September 4, 2026
On Aug. 25, the California Senate passed Assembly Bill 2646 by Assemblymember Maggy Krell, D-Sacramento, imposing a $19.75 state minimum wage on nonresident employees working in California because their employment has been approved by the California Department of Industrial Relations describing employees working in California on H-2A temporary agricultural worker visas and California-resident employees doing the same work in the same county. AB 2646 also includes an inflation adjustment key to the social security benefits cost-of-living adjustment that will become effective on Jan. 1. AB 2646 passed the Senate on a 30-9 party-line vote.
On Aug. 27, the Senate passed by a party-line 28-10 vote Assembly Bill 2227 by Assemblymember Damon Connolly, D-San Rafael, significantly increasing the cost of surety bonds California-licensed farm labor contractors must obtain, significantly raising the risk that farm labor contractors cannot timely respond to judgment demands imposed by the state Labor Commissioner and adding onerous new penalty amounts for violation of requirements for farm labor contractors and employers working with farm labor contractors with no option for the Labor Commissioner to consider the severity of the violation or its impact on workers. For example, very high penalties could be imposed on a farm labor contractor operating with a valid license who does not physically possess the license document because the Labor Commissioner has failed to promptly provide it.
Both bills proceed to the governor for signature or veto.
Staff contact: Bryan Little, blittle@cfbf.com.
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