20 CFR 1002.35 : Employees' Benefits (§ 1.1 To Parts 1011-1099) — (Part 657 To Parts 1011-1099) — Office Of The Assistant Secretary For Veterans' Employment And Training Service, Department Of Labor (Part 1000 To Parts 1011-1099) — Regulations Under The Uniformed Services Employment And Reemployment Rights Act Of 1994 (§ 1002.1 To Appendix To Part 1002) — Eligibility For Reemployment (§ 1002.32 To § 1002.139) — Coverage Of Employers And Positions (§ 1002.34 To § 1002.44) — Is a successor in interest an employer covered by USERRA?

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.