TITLE 20 - EMPLOYEES' BENEFITS

CHAPTER IX - OFFICE OF THE ASSISTANT SECRETARY FOR VETERANS' EMPLOYMENT AND TRAINING SERVICE, DEPARTMENT OF LABOR

SUBCHAPTER B - FEDERAL COAL MINE HEALTH AND SAFETY ACT OF 1969, AS AMENDED

PART 1002 - REGULATIONS UNDER THE UNIFORMED SERVICES EMPLOYMENT AND REEMPLOYMENT RIGHTS ACT OF 1994

subpart c - ELIGIBILITY FOR REEMPLOYMENT

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.