{"data":{"id":"us/20-cfr-1002.35","jurisdiction":"us","citation":"20 CFR 1002.35","heading":"Is a successor in interest an employer covered by USERRA?","body":"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:\n(a) Whether there has been a substantial continuity of business operations from the former to the current employer;\n(b) Whether the current employer uses the same or similar facilities, machinery, equipment, and methods of production;\n(c) Whether there has been a substantial continuity of employees;\n(d) Whether there is a similarity of jobs and working conditions;\n(e) Whether there is a similarity of supervisors or managers; and,\n(f) Whether there is a similarity of products or services.","path":["Title 20—Employees' Benefits","CHAPTER IX—OFFICE OF THE ASSISTANT SECRETARY FOR VETERANS' EMPLOYMENT AND TRAINING SERVICE, DEPARTMENT OF LABOR","PART 1002—REGULATIONS UNDER THE UNIFORMED SERVICES EMPLOYMENT AND REEMPLOYMENT RIGHTS ACT OF 1994","Subpart C—Eligibility For Reemployment"],"source_url":"https://www.ecfr.gov/api/versioner/v1/full/2026-08-25/title-20.xml","current_through":"2026-08-25","vintage":"","retrieved_at":"2026-08-27T02:24:45Z","sha256":"ee3d90e07500755b457a365081790deb90a398802d3ccf5bb2d2ffc413aa4dd2","source_id":"us-cfr","stale":true,"prev":"us/20-cfr-1002.34","next":"us/20-cfr-1002.36"},"notice":"GroundRules: Original legal text. Not legal advice."}