cfr_sections: 20:20:4.0.5.3.3.3.143.4

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section_id	title_number	title_name	chapter	subchapter	part_number	part_name	subpart	subpart_name	section_number	section_heading	agency	authority	source_citation	amendment_citations	full_text
20:20:4.0.5.3.3.3.143.4	20	Employees' Benefits	IX		1002	PART 1002—REGULATIONS UNDER THE UNIFORMED SERVICES EMPLOYMENT AND REEMPLOYMENT RIGHTS ACT OF 1994	C	Subpart C—Eligibility For Reemployment	1002.35	§ 1002.35 Is a successor in interest an employer covered by USERRA?	SSA-OIG	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).	70 FR 75292, Dec. 19, 2005, unless otherwise noted.		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.