Couple Recovers $12K From SMC Employer Who Stole Wages: Prosecutors

HALF MOON BAY, CA — The Office of Labor Standards and Enforcement in San Mateo County stated on Monday that they are stepping up efforts to combat wage theft.

Gabriel, a man in his 60s, spent months doing "backbreaking work" packing soil for seedlings in local greenhouses. Desperate for money, his wife, Ofelia, joined him. Gabriel's paychecks bounced; Ofelia's never arrived.

Kyle Kwong of Cupertino, the man who employed the couple, entered a no contest plea in October to a misdemeanor wage theft charge after failing to compensate the couple for several months of work for his business, Earthvine Grower LLC.

The couple recovered $11,538 in unpaid wages, with the entire amount going directly to them, prosecutors said.

"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."

Last year, the Board of Supervisors accepted a state grant of nearly $740,000 from the Labor Commissioner’s Office. This funding is dedicated to the District Attorney’s Office to support wage theft prosecutions, specifically covering the cost of a full-time prosecutor, an investigator, and forensic auditing support.

"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 SMC 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."

The DA's Office's increased capacity is part of the new Office of Labor Standards and Enforcement, a partnership between 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."

For help or more information on workers' rights, contact the Office of Labor Standards and Enforcement via the confidential Labor Advice Hotline (1-866-870-7725), email olse@smcgov.org, or submit an online inquiry.