the labor laws were written to protect Thai jobs, which a digital nomad isn’t threatening. But you’re right that the best thing for them to do is keep a low profile.
I’m really not buying this “gotta use Google mail” or whatever. It really doesn’t matter to their servers. Any email account can have spam filters that could filter out their emails. People just need to look into it and whitelist the Thailand Pass domain for their particular account. I use a private email account and received both the confirmation and QR code. It took 4 days to get the QR code, so patience is needed.