---
kind: "section"
citation: "20 C.F.R. § 1002.35"
title: "20"
number: "1002.35"
heading: "Is a successor in interest an employer covered by USERRA?"
url: "https://uscodex.org/cfr/20/1002.35"
---

# §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.**

## Notes

### Authority

Authority: Section 4331(a) of the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA), 38 U.S.C. 4331(a) (Pub. L. 103-353, 108 Stat. 3150).

### Source

Source: 70 FR 75292, Dec. 19, 2005, unless otherwise noted.