Frank J. Del Barto

Principal, Schaumburg
Phone: 847.734.8811
fdelbarto@masudafunai.com

Frank Del Barto, Chair of the Firm's Employment, Labor & Benefits Group and former Chair of the Chicago Bar Association's Employee Benefits Committee, counsels company executives, senior and local site managers on a broad range of employment, health & welfare, and retirement plan matters.

Mr. Del Barto counsels management on employment discrimination, family and medical leave, wage and hour compliance, employee classification concerns, and a variety of litigation risk reduction strategies. He has negotiated and drafted numerous employment, severance, and independent contractor agreements and employment policies and handbooks. He has successfully represented clients in administrative matters before the U.S. Equal Employment Opportunity Commission, the Illinois Department of Human Rights, the Illinois Department of Employment Security, and the Illinois Department of Labor. Additionally, he has successfully represented clients in employment and wage matters in various state and federal courts.

Mr. Del Barto also counsels management on the Affordable Care Act, ERISA, COBRA, and myriad plan reporting, disclosure and compliance issues. He has represented clients before the U.S. Department of Labor on compliance audits and Form 5500 penalty assessments. Additionally, as retirement plan compliance has become increasingly more difficult to maintain, he has guided company management teams through complex 401(k) plan corrections with the Internal Revenue Service and has counseled clients on the formation and operation of plan committees to improve plan governance and reduce the risks and potential liabilities of plan sponsorship.

Mr. Del Barto's pro-bono practice concentrates on assisting military veterans and their dependents appeal their disability compensation claim denials with the Department of Veterans' Affairs. As an Army veteran, he is driven to assist veterans in obtaining compensation for their injuries that are connected to or aggravated by their military service. In May 2013, The John Marshall Law School Alumni Association honored him with a Distinguished Service Award for his tireless efforts on behalf of veterans. In 2009, he received a similar award from the Supreme Court of Illinois.

Prior to joining the Firm, Mr. Del Barto spent fourteen years in the insurance industry working with Fortune 500 companies and prominent universities. As a result this real-world experience, he brings a unique business-oriented perspective to the legal challenges faced by his clients. He searches for solutions within management's acceptable risk tolerance.

He has been named an Illinois Rising Star in 2011, 2012, 2013, 2014, 2015 and 2016.

Representative Matters


  • Represented a Tennessee manufacturing company in a federal wage and hour lawsuit wherein a former employee alleged that joint employer liability existed between the Tennessee company and its sister company in Ohio. Obtained dismissal of the Ohio company. Successfully settled the Tennessee portion of the case before any collective action certification.

  • Represented an Ohio manufacturing company by spearheading its response to a U.S. Department of Labor audit of its benefit plans.

  • Prepared and filed multiple 401(k) plan corrections under the IRS's Employee Plans Compliance Resolution System due to compensation, eligibility, deferral, and loan operational errors.

  • Based on extensive experience asserting arguments under the Friendship, Commerce and Navigation Treaty between the United States and Japan, obtained dismissal of a race and national origin discrimination lawsuit filed in Illinois. Assisted in the favorable resolution of an age discrimination lawsuit in New Jersey relying on the same FCN Treaty.

  • Represented a manufacturing company in a disability discrimination matter, negotiating a settlement resulting in a voluntary withdrawal of the Illinois Department of Human Rights charge.

  • Assisted in representing a manufacturing company in a former employee's breach of contract claim, resulting in the federal District Court dismissing the four-count complaint with prejudice.

  • Successfully represented clients in unemployment claim hearings before the Illinois Department of Employment Security.

  • Successfully represented several different clients in pregnancy, race, age and disability discrimination claims before the U.S. Equal Employment Opportunity Commission.

  • FEATURED ARTICLES AND PUBLICATIONS

    • Final Rule: Salary Level Increased, June 2016
    • Health & Welfare: My Insurance Company Keeps Me Compliant, Right? June 2016
    • 401(k) Plan: Correcting for Plan Loan Failures, March 2016
    • Health Care Reform: Reducing Employee Hours to Avoid the ACA is No Game, March 2016
    • Health Care Reform: Cadillac Tax Delayed Until 2020, January 2016
    • Health Care Reform: IRS Extends Due Dates for Information Reporting, January 2016
    • You Have 50 or More Employees (or Full-Time Equivalents) or You are Self-Insured You Must Report Certain Information to the IRS and Your Employees in Early 2016, October 2015
    • Proposed Rule would Require Overtime Pay for All Workers Earning Less Then $50,440 Per Year, August 2015
    • Employee Handbooks Must be Updated to Comply with Illinois and/or California Laws, February 2015
    • Workers' Compensation and COBRA Coverage: the Forgotten Employer Obligation, February 2015

    FEATURED SPEAKING ENGAGEMENTS

    • Webinar: "Final Salary Level Rule," June 2016
    • HRoundtable: "2016 Employment and Benefit Challenges," January 2016
    • Annual Seminar: "Background Checks and the Fair Credit Reporting Act" September 2015
    • "IRS and DOL Correction Programs Webinar," May 2015
    • "Affordable Care Act: Get Ready … Set, …No, Wait …Stop?" August 2013
    • HRoundtable: Wrongful Discharge, July 2013
    • "Wage and Hour Lunch and Learn," June 2013
    • "Employment, Labor and Benefit Implications of Health Care Reform," May 2013
    • "Implications of Health Care Reform; Being A Resource To Your Client," May 2013
    • "Wage and Hour and Overtime Issues: Things that Japanese Employers Should Know to Avoid Costly Claims, October 2012

Practice Areas

Education

  • The Virginia Military Institute, B.A., 1987
  • The John Marshall Law School, J.D. and LL.M. Employee Benefits Law, with honors, 2007

Admissions

  • Illinois
  • U.S. District Court for the Northern District of Illinois
  • U.S. Court of Appeals for Veterans Claims

Professional Activities

  • American Bar Association
  • Chicago Bar Association
  • Illinois State Bar Association

Distinctions

  • Selected as a Super Lawyer, 2011-2017
  • Recognized as an Emerging Lawyer, 2017