§ 1002.35. Is a successor in interest an employer covered by USERRA?
135 words·~1 min read·
/us/cfr/t20/s§ 1002.35·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
USERRA's definition of “employer” includes a successor in interest. In general, an employer is a successor in interest where there is a substantial continuity in operations, facilities, and workforce from the former employer. The determination whether an employer is a successor in interest must be made on a case-by-case basis using a multi-factor test that considers the following:
(a)Whether there has been a substantial continuity of business operations from the former to the current employer;
(b)Whether the current employer uses the same or similar facilities, machinery, equipment, and methods of production;
(c)Whether there has been a substantial continuity of employees;
(d)Whether there is a similarity of jobs and working conditions;
(e)Whether there is a similarity of supervisors or managers; and,
(f)Whether there is a similarity of products or services.