Successor in interest
Successor in interest. (i) Where an employer, agent, or attorney has violated 8 U.S.C. 1188, 29 CFR part 501, or this subpart, and has ceased doing business or cannot be located for purposes of enforcement, a successor in interest to that employer, agent, or attorney may be held liable for the duties and obligations of the violating employer, agent, or attorney in certain circumstances. The following factors, as used under Title VII of the Civil Rights Act and the Vietnam Era Veterans' Readjustment Assistance Act, may be considered in determining whether an employer, agent, or attorney is a successor in interest; no one factor is dispositive, but all of the circumstances will be considered as a whole: (A) Substantial continuity of the same business operations; (B) Use of the same facilities; (C) Continuity of the work force; (D) Similarity of jobs and working conditions; (E) Similarity of supervisory personnel; (F) Whether the former management or owner retains a direct or indirect interest in the new enterprise; (G) Similarity in machinery, equipment, and production methods; (H) Similarity of products and services; and (I) The ability of the predecessor to provide relief. (ii) For purposes of debarment only, the primary consideration will be the personal involvement of the firm's ownership, management, supervisors, and others associated with the firm in the violation(s) at issue.