HelloFresh Workers Allege They Were Forced to Urinate on Themselves After Being Denied Bathroom Breaks

Hispanic temporary workers at HelloFresh's Newark, New Jersey, facility were allegedly denied bathroom breaks for hours, forcing some to urinate on themselves, according to a proposed amended class-action complaint. Former worker Luis Penafiel alleges that the restrictions contributed to urinary incontinence and infections, while supervisors allegedly monitored bathroom visits and restricted workers' access to toilets.

The lawsuit accuses HelloFresh and three staffing agencies of racial discrimination, intimidation, physical abuse, and sexual harassment. HelloFresh denies the allegations, saying an internal investigation found them to be without merit. A state court hearing on the proposed amended complaint is scheduled for 23 October.

Former Worker Describes Health Problems

Penafiel worked as a temporary employee at the Newark distribution centre from November 2021 to August 2023. He alleged that Hispanic workers faced discriminatory treatment shortly after he joined the facility. According to the complaint, Hispanic employees were assigned the hardest tasks, reprimanded for speaking Spanish, and subjected to stricter rules than non-Hispanic colleagues. Supervisors allegedly used a sign-out system to monitor bathroom visits and record how long workers were away from their stations.

Penafiel said he eventually sought treatment from a urologist after experiencing urinary incontinence and infections. The complaint alleges that some workers urinated on themselves because supervisors refused to let them leave their workstations. At least one female employee reportedly brought spare underwear and clothing to work after repeated incidents. The plaintiffs also allege that non-Hispanic employees had greater freedom to use the bathroom, while temporary workers were expected to arrange cover for their duties.

Lawsuit Alleges Physical Abuse and Sexual Harassment

The proposed amended complaint also alleges that supervisors threatened Hispanic workers with reports to US Immigration and Customs Enforcement (ICE) and other immigration authorities, discouraging them from raising concerns. In one alleged incident, managers threatened workers with a baseball bat to restrict bathroom breaks and force them back onto production lines.

The complaint further accuses supervisors of physical assaults, including beating employees, placing their hands around workers' necks, and screaming into their ears. Some workers allegedly struggled to obtain medical treatment for workplace injuries.

Female Hispanic employees reportedly faced unwanted touching, sexual propositions, and exposure to pornography and images of supervisors' genitalia. The complaint also alleges that managers used loaves of bread and cucumbers to simulate sexual acts.

Lauren Herman, an attorney with Make the Road New Jersey representing the plaintiffs, said workers struggled to obtain meaningful responses to complaints because HelloFresh and the staffing agencies referred them between organisations. Michael Scimone, a partner at Outten and Golden representing the workers, said immigration-related fears could leave temporary employees vulnerable to exploitation.

Staffing Agencies Challenge the Claims

Filed initially in August 2024, the lawsuit names HelloFresh and three staffing agencies: Action Staffing, On Target Staffing, and ProStaff Workforce Solutions. The agencies did not respond to multiple requests for comment but have sought to dismiss the claims.

In court filings, the agencies argued that HelloFresh offered workers direct employment, a position disputed by the plaintiffs. Lawyers for On Target Staffing also alleged that workers had falsified immigration documents and would not have passed HelloFresh's verification process. They further argued that employees had not complained about workplace conditions.

A judge dismissed claims brought under the New Jersey Human Trafficking Prevention, Protection, and Treatment Act but allowed the plaintiffs to file an amended complaint identifying individual plaintiffs or defendants more specifically. The ruling concerned claims under that statute. It does not, by itself, establish that every allegation in the lawsuit was rejected or that the underlying allegations were proven.

HelloFresh Denies Wrongdoing

HelloFresh said it investigated the allegations, which concern events dating from 2023 and earlier, and found them to be without merit. The company said it had rejected the claims when the lawsuit was first filed and continued to deny them. In a statement, HelloFresh said its frontline workforce was fundamental to its business and that maintaining a safe, fair, and respectful workplace was a priority.

The company cited its anti-discrimination and anti-harassment policies, mandatory training, and multiple reporting channels, including a confidential, 24-hour hotline for anonymous complaints. It added that it took workplace concerns seriously and remained committed to accountability.

The case follows separate scrutiny of working conditions at another HelloFresh facility. In December 2024, the US Department of Labor announced an investigation into a staffing agency at the company's Illinois facility following allegations that migrant children had worked there. HelloFresh said it terminated its relationship with the agency after learning of the allegations. The claims in the Newark lawsuit remain contested and have not been established in court.