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§ 1002.35 - Is a successor in interest an employer covered by USERRA?

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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:

Whether there has been a substantial continuity of business operations from the former to the current employer;

Whether the current employer uses the same or similar facilities, machinery, equipment, and methods of production;

Whether there has been a substantial continuity of employees;

Whether there is a similarity of jobs and working conditions;

Whether there is a similarity of supervisors or managers; and,

Whether there is a similarity of products or services.

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§ 1002.34 - Which employers are covered by USERRA?
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§ 1002.36 - Can an employer be liable as a successor in interest if it was unaware that an employee may claim reemployment rights when the employer acquired the business?