Claims of bathroom restrictions and abuse at HelloFresh’s Newark operation are before a New Jersey court, where temporary workers have proposed an amended complaint, The Guardian reported.
A public case index lists Aug. 2, 2024, as the filing date in Essex County Superior Court and identifies six named plaintiffs. It names HelloFresh and three staffing companies as defendants.
The Guardian reported that the proposed amendment describes Hispanic workers signing out before bathroom trips and managers tracking how long they spent in the bathroom, while non-Hispanic workers faced fewer restrictions. Workers also allege that a manager used a baseball bat to pressure them to shorten bathroom visits. The reported complaint says some workers were denied bathroom access and urinated on themselves.
The Guardian also reported allegations of physical assaults, sexual harassment, confiscated badges required to leave the facility and threats to contact immigration authorities.
Luis Penafiel, a plaintiff, told The Guardian that he worked at the Newark site from November 2021 to August 2023. He said delays in bathroom access led to incontinence and infections.
The workers’ lawyers argued that the use of staffing agencies made it harder to resolve complaints about treatment, The Guardian reported. Plaintiffs seek damages and changes to workplace practices, according to the case index.
The case index says the original complaint also alleges unequal treatment of Hispanic agency workers under New Jersey’s Law Against Discrimination. The state attorney general says the law bars employment discrimination and sexual harassment.
HelloFresh denies the allegations. A company spokesperson told The Guardian that the company investigated and found them “entirely without merit.” The company said it maintains anti-harassment policies and training, as well as a confidential hotline available 24 hours a day, seven days a week.
The Guardian reported that a judge is expected to review the proposed amendment Friday, Oct. 23.
