Code of Federal Regulations Title 20. Employees' Benefits § 20.1002.35 Is a successor in interest an employer covered by USERRA?

(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.