Section 1002.35 - 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.