HelloFresh workers allege bathroom break denial
Archived — this story has rotated out of today’s deck. It is kept here in full.
The gist
Former temp worker Luis Penafiel alleges HelloFresh timed bathroom visits, forcing him to hold urine for hours.
A New Jersey judge reviews the amended complaint on Oct. 23.
Background
HelloFresh is a meal kit delivery company named as a defendant in a class-action lawsuit over conditions at its Newark, New Jersey distribution centre. The suit, initially filed in August 2024, also names staffing firms Action Staffing Group, On Target Staffing LLC and ProStaff Solutions Inc., which supplied temporary workers to the facility; the amended complaint alleges they acted as joint employers. Luis Penafiel, a former temporary employee at the centre from November 2021 to August 2023, is a plaintiff. The case drew fresh coverage in October 2026 as a judge prepared to review a proposed amended complaint.
How it unfolded
- Nov 2021Luis Penafiel began working as a temporary employee at HelloFresh's Newark, New Jersey distribution centre, a role he held until August 2023.
- Aug 2023Approximately 400 temporary workers were laid off, one day before New Jersey's Temporary Workers' Bill of Rights took effect.
- Aug 2024The class-action lawsuit was initially filed against HelloFresh and three staffing agencies.
- Oct 19, 2026The Guardian reported on the class-action suit; HelloFresh said it found the claims 'entirely without merit'.
- Oct 20, 2026Hoodline reported the proposed amended complaint and Penafiel's account of timed bathroom visits and urologist care.
- Oct 21, 2026News 12 New Jersey reported the amended complaint, the ~400 layoffs and the upcoming Oct. 23 hearing.
- Oct 23, 2026A New Jersey state court judge is scheduled to review the proposed amended complaint.
Who’s saying what
- Party
- Plaintiff Penafiel says bathroom visits were timed, that he held his urine for hours and sought urologist care after experiencing incontinence and infections.
- Official
- HelloFresh denies the allegations, says an internal investigation found them without merit, and calls its frontline workforce fundamental while citing anti-discrimination policies, mandatory training and a confidential 24-hour hotline.
- Support
- Attorney Michael Scimone of Outten & Golden LLP says clients allege discrimination and abuse and threats to call ICE on those who spoke up, describing a 'two-tier labor force'.
- Caution
- Lawyers for On Target Staffing allege workers falsified immigration documents and would not have passed HelloFresh's verification process, and say employees had not complained about workplace conditions.
Still unverified
All abuse, bathroom-restriction and harassment allegations are as stated in the proposed amended complaint; HelloFresh says its investigation found them without merit. On Target Staffing's lawyers allege workers falsified immigration documents, a claim disputed by the plaintiffs' position that HelloFresh offered direct employment. A judge dismissed claims under the New Jersey Human Trafficking Prevention, Protection, and Treatment Act but allowed an amended complaint.