Partner eporican@hodgsonruss.com 716.848.1336 Emina counsels public and private employers with respect to labor and employment law. She represents employers in arbitration proceedings and before the State Division of Human Rights, Equal Employment Opportunity Commission, and federal and state courts, and has worked on cases before the National Labor Relations Board, the Public Employment Relations Board, and federal and state Departments of Labor. Emina counsels employers regarding compliance with the Family and Medical Leave Act, the New York Paid Family Leave Law, Americans with Disabilities Act, federal and state wage and hour laws, worker misclassification, discrimination laws, workplace policies and handbooks, discipline and discharge, union avoidance, and unemployment insurance. Prior to joining Hodgson Russ, Emina was an appellate court attorney with the Appellate Division Fourth Judicial Department. Emina is fluent in Serbo-Croatian. Honors Listed, Upstate New York Super Lawyers Rising Stars, 2015-2017 Experience Experience in the Home Care Industry: Represented Licensed Home Care Services Agencies (LHCSAs) in New York and United States Department of Labor audits. Represented fiscal intermediaries across New York State in structuring their operations to comply with all applicable federal and state laws. Defended LHCSAs in federal and state class action lawsuits alleging violations of wage and hour rules, including minimum wage and overtime rules. The Guaranty Building 140 Pearl Street Suite 100 Buffalo, NY 14202 New York City 605 Third Avenue Suite 2300 New York City, NY 10158 212.751.4300 Areas of Practice Labor & Employment Education Europe-U.S. Cross-Border Health Home Care International-U.S. Cross-Border Wage & Hour Worker Classification & Employment Tax Industry Groups Health Care Admissions U.S. District Court for the Western District of New York Attorney advertising. Prior results do not guarantee a similar outcome. Practice restricted to U.S.
Represented LHCSAs in OMIG and New York Department of Labor audits concerning Wage Parity. Represented the New York State Health Care Providers Association ("HCP") in live-in litigation before the Second and First Appellate Divisions. Represented LHCSAs in selling their operations. Assisted New York City LHCSAs in negotiating contracts for services with CHHAs. Represented buyers of all types of facilities including adult day care centers. Clerkships Appellate Division Fourth Department, U.S. District Court for the Western District of New York Education B.A., Syracuse University J.D., magna cum laude, University at Buffalo School of Law Assisted fiscal intermediaries in completing Department of Health authorization application. Represented LHCSAs in a New York Attorney General Medicaid Fraud Unit investigations. Assisted New York City LHCSAs in establishing a home health aide training program and obtaining the proper licensure from the Department of Health and Department of Education. Regularly assists LHCSAs in OMIG audits. Assists in structuring Wage Parity benefits. Provided counsel and assisted a LHCSA in establishing an employment agency for purposes of providing private duty nursing and CNA services. Helped negotiate settlements with New York Attorney General Medicaid Fraud Unit. Regularly provides LHCSAs with compliance advice involving all aspects of operations, including reimbursement, HIPAA, recruitment, repayment of Medicaid money, negotiating contracts with MLTCs, workers compensation, licensure, and mitigation of liability. Experience in the School Industry: Regularly provides assistance to schools with respect to labor relations matters, including interpretation of collective negotiations agreements, negotiation of initial employment agreements, and setting of wages. Provided counsel regarding termination and counsel of tenured and non-tenured staff.
Advised schools concerning employee leave situations involving the Americans with Disabilities Act and other accommodation laws. Assisted schools in negotiating the first collective negotiations agreement. Assisted schools in negotiating collective negotiations agreements for professional and nonprofessional staff. Represented schools in grievance arbitrations. Represented school districts in special education proceedings. Represent school districts in relation to 3020-a proceedings, including investigation of performance related issues or misconduct incidents. News Thought Leaders: Home health care industry struggles with recruitment, reimbursement shortfalls Buffalo Business First, April 27, 2018 NY s home care providers continue to face challenges Buffalo Business First, March 21, 2018 Hodgson Russ Announces Five Newly Elected Partners, Nine Attorneys Promoted to Senior Associate Press Release, January 2, 2018 Thought Leaders - Charter Schools Seek Opportunities Buffalo Business First, November 17, 2017 Thought Leaders - Food for Thought Buffalo Business First, September 29, 2017 Seventy Hodgson Russ Attorneys Named to 2017 Upstate New York Super Lawyers, Hugh Russ Listed Among Top 50 Press Release, September 6, 2017 Is your business compliant with NY wage and hour laws? Buffalo Law Journal & Business First, August 29, 2017 Employers still seek clarity on mandatory arbitration agreements Buffalo Law Journal & Business First, March 27, 2017 Sixty-three Hodgson Russ Attorneys Named to 2016 Upstate New York Super Lawyers, Hugh Russ Listed Among Top 50 Press Release, August 31, 2016 Fine Print Keeps Home Health Care Lawsuits Out of Court Crain's New York Business, July 20, 2016
Presentations The Hodgson Russ Home Care Symposium 605 Third Avenue, Suite 2300, New York, NY 10158, May 23, 2018 New Challenges: Paid Family Leave, Call-In Pay, and Increases to Minimum Wage Pathways, Inc., Cooperstown, New York, May 9, 2018 Oil & Gas Association Annual Northeast Industry Summit Westin Convention Center, Pittsburgh, PA, March 1, 2018 New York State Bar Association Annual Conference New York City, January 24, 2018 33rd Annual School Client Conference Millennium Hotel Buffalo, 2040 Walden Ave, Buffalo, NY, January 12, 2018 23rd Annual Labor & Employment Conference Buffalo Niagara Marriott, Amherst, NY, November 2, 2017 Kenmore-Tonawanda Chamber of Commerce Luncheon - Paid Family Leave Program Classics V Restaurant, Amherst, NY, October 20, 2017 New York State Healthcare Practice Conference Albany, New York, October 1, 2017 The CDPAP Symposium Hodgson Russ NYC, September 27, 2017 Hodgson Russ Home Care Symposium Hodgson Russ LLP, NYC, June 20, 2017 Publications Lawsuit Seeks to Invalidate DOL s Emergency Regulation Governing Compensation of Live-in Aides Home Care Alert, May 10, 2018 New York s Budget Bill Creates New and Significant Obligations for Employers Labor and Employment Alert, April 12, 2018 Budget Bill Brings Changes for LHCSAs and FIs Home Care Alert, April 2, 2018 Live-In Issue is Headed to the Court of Appeals Home Care Alert, March 7, 2018
2nd Circuit Court of Appeals Rules that Title VII of the Civil Right Act of 1964 Protects Against Discrimination on the Basis of Sexual Orientation Labor & Employment and Employment Litigation Alert, February 27, 2018 NYS DOL Extends Comment Period for Proposed Scheduling Regulations Labor and Employment Alert, January 23, 2018 Emergency Regulation Concerning Live-In Cases Lives On Home Care Alert, January 23, 2018 OMIG Releases Audit Protocols for CDPAP Home Care Alert, January 22, 2018 Salary Inquiry Ban In Effect for Albany County Employers Labor and Employment Alert, December 26, 2017 New York Legislature Expands Death and Felony Reporting Requirements Health Care Alert, December 20, 2017 Professional Affiliations New York State Human Resources Association Buffalo Niagara Human Resources Association New York State Association of Health Care Providers New York Home Care Association Community & Pro Bono Community Music School, Board of Trustees International Institute of Buffalo Board of Directors