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PRESS RELEASE. From San Mateo County District Attorney’s Office on November 17th, 2025. Workers seeking help or more information about their rights can contact the Office of Labor Standards and Enforcement by calling the confidential Labor Advice Hotline at 1-866-870-7725, send an email to olse@smcgov.org, or submit an online inquiry.
“A Win for Workers in Half Moon Bay Wage Theft Case ~ Couple recovers nearly $12,000 after grower pleads no contest to criminal charge”
Half Moon Bay – In greenhouses just outside of town, a man in his 60s named Gabriel spent months packing soil into trays for seedlings. Long days, hard “backbreaking work,” an investigator later called it.
Still, Gabriel and his wife, Ofelia, needed money, so she joined him in the greenhouses. Then his paychecks bounced. Hers never came.
The man who hired them, Kyle Kwong of Cupertino, pleaded no contest in October to a misdemeanor charge of wage theft for failing to pay the couple for months of labor for his business, Earthvine Grower LLC.
“This case makes clear that San Mateo County employers cannot expect to get away with stealing from their workers,” said District Attorney Stephen Wagstaffe. “When this employer refused to make things right, despite the workers’ many attempts to resolve the matter with them, directly, my office was there to back them up.”
The case comes as local officials step up efforts to combat wage theft, serving as a warning to employers who exploit workers and a lifeline for those still waiting to be paid.
“When we worked to create the Office of Labor Standards and Enforcement, this was exactly the vision, to make sure that every worker in San Mateo County, no matter their background or income, has access to justice,” said Supervisor Ray Mueller. “The OLSE and District Attorney’s Office are both doing an exemplary job. The recovery of wages for this couple represents more than a financial victory; it’s a statement that our county stands firmly on the side of fairness and dignity for working people.”
Last year, the Board of Supervisors accepted a nearly $740,000 grant from the State Labor Commissioner’s Office to add a full-time prosecutor, investigator and forensic auditing support to the District Attorney’s Office for wage theft prosecutions.
The additional capacity at the DA’s Office is part of the new Office of Labor Standards and Enforcement, a partnership among the County Executive’s Office, County Attorney’s Office and District Attorney’s Office that helps victims recover stolen wages and educates employers on labor laws.
“Low-wage and immigrant workers are often the most vulnerable to wage theft because they may fear retaliation or believe they have no recourse,” said Shane Ross, Office of Labor Standards and Enforcement Manager. “Our job is to make sure they know their rights, that they are not alone, and that the County will stand with them to recover what they’ve earned.”
The couple, longtime Coastside residents and immigrants from Mexico, turned to Coastside Hope and other local nonprofits when the bounced checks left them unable to afford rent or groceries.
Gabriel had worked for Earthvine for nearly a year beginning in June 2024. While some paychecks cleared, others bounced, and he believed his employer would eventually make good on the missing pay. When Ofelia joined him in the greenhouses, the couple’s financial situation only worsened.
Coastside Hope helped connect them with the District Attorney’s wage-theft team. Investigators soon learned that Kwong operated multiple businesses and owned luxury cars, far from the image of a struggling small-business owner.
“It was obvious immediately he had the means to pay them but chose not to,” said Juan Perez, an Inspector in the District Attorney’s Office. The work, Perez said, was “backbreaking,” and Gabriel came home sore each day from lifting and packing trays.
The couple ultimately recovered $11,538 in unpaid wages, all of which went directly to them.
Deputy District Attorney Kyle Cakebread, who prosecuted the case, said, “The employer had every chance to resolve matters directly with their workers or through Coastside Hope before my team got involved with criminal charges. Sometimes, it’s the only path that results in justice.”
In addition to Perez, Cakebread credited Brendan Bartholomew of the District Attorney’s Bureau of Investigation and Victim Advocate Sheyla Magana Ocon for their roles in helping the couple navigate the process.
Officials involved in the case said that even in a county known for its wealth, many residents still live paycheck to paycheck — a reminder, they said, of why wage-theft enforcement remains so important.
“Economic justice is at the heart of our work,” said Shireen Malekafzali Taidi, Director of Economic Opportunity and Labor Standards. “Every worker deserves to be paid what they’ve earned, no matter their job, income or background.”
Workers seeking help or more information about their rights can contact the Office of Labor Standards and Enforcement by calling
the confidential Labor Advice Hotline at 1-866-870-7725,
send an email to olse@smcgov.org,
or submit an online inquiry.
More on Wage Theft on Coastside Buzz
San Mateo County Agricultural Advisory Commission Farmer Dispels Rumors with First Hand Report of Sheriff’s Cannabis Wage Theft Bust of their Cannabis Tenant; February 13, 2025
As San Mateo County Sheriffs Bust Cannabis Grower for Wage Theft in Pescadero, Locals Feared They Were ICE; February 6, 2025
Author: mdrag
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