StacksVerified U.S. regulatory reference

20 CFR §1002.35

Verified against eCFR.gov as of June 20, 2026View official text on eCFR.gov ↗
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:
  1. (a)Whether there has been a substantial continuity of business operations from the former to the current employer;
  2. (b)Whether the current employer uses the same or similar facilities, machinery, equipment, and methods of production;
  3. (c)Whether there has been a substantial continuity of employees;
  4. (d)Whether there is a similarity of jobs and working conditions;
  5. (e)Whether there is a similarity of supervisors or managers; and,
  6. (f)Whether there is a similarity of products or services.