Workers at a HelloFresh facility in Newark, New Jersey have filed an amended class-action complaint alleging they were subjected to verbal and physical abuse, denied regular bathroom breaks, and discriminated against because of their Hispanic ethnicity. The Guardian reported that one former worker experienced incontinence issues as a result of bathroom restrictions. The lawsuit, initially filed in August 2024 against HelloFresh and three staffing agencies, will be reviewed by a New Jersey state court judge at a hearing scheduled for 23 October.
According to the complaint, workers allege that HelloFresh and temp staff managers took ID badges required to leave the facility, repeatedly threatened to contact immigration authorities, subjected workers to physical and verbal abuse, and sexually harassed Hispanic female employees in violation of New Jersey anti-discrimination laws. The lawsuit claims supervisors assigned Hispanic workers "the hardest work", made racist remarks, berated workers for speaking Spanish, and enforced a no-cellphone policy selectively against Hispanic employees while allowing others to use phones freely.
The complaint describes a bathroom policy that it says was designed to discriminate. Workers allege they were required to use a sign-out system and have their time monitored, while non-Hispanic workers could use bathrooms freely. One plaintiff, Luis Penafiel, a former temp worker from November 2021 to August 2023, told The Guardian he held his bladder for hours to avoid spending time away from his station, eventually requiring medical treatment for infections and incontinence. The lawsuit alleges that "on several occasions, a HelloFresh manager menaced Hispanic workers with a baseball bat to limit their time in the bathroom" and that some workers were forced to urinate on themselves.
The complaint also alleges instances of sexual harassment, including workers grabbing female employees' body parts, managers showing pornography, and supervisors using food items to simulate sex acts. The lawsuit describes physical assaults including "physically beating workers", putting hands around workers' necks, and screaming in workers' ears. Workers say they were denied medical treatment for job-related injuries and faced retaliation when raising complaints.
HelloFresh denied all allegations, stating in a company email that it "conducted a thorough internal investigation and found these claims to be entirely without merit". The company said it maintains anti-discrimination and anti-harassment policies, mandatory training and a confidential 24/7 hotline for complaints. The staffing agencies have moved to dismiss the lawsuit. In December 2024, the US Department of Labor announced a separate investigation into a different staffing agency at a HelloFresh facility in Illinois over allegations that migrant children were working there. HelloFresh said it terminated that agency's contract upon learning of the allegations.
For workers and job seekers in the US, this case illustrates potential risks when employment involves temporary staffing agencies and highlights legal protections under state anti-discrimination laws.