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Photo of Emina  Poricanin

Emina Poricanin

Partner, Home Care Practice Leader
  • U.S. District Court for the Western District of New York
  • U.S. District Court for the Southern District of New York
  • U.S. District Court for the Eastern District of New York
  • Appellate Division Fourth Department, U.S. District Court for the Western District of New York

Syracuse University, B.A.

University at Buffalo School of Law, J.D., Magna Cum Laude

Emina counsels public and private employers with respect to labor and employment law. She represents employers in proceedings before the State Division of Human Rights, Equal Employment Opportunity Commission, the National Labor Relations Board, the Public Employment Relations Board, federal and state Departments of Labor, and in federal and state courts. Emina also 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.

Emina leads the Home Care Practice, which is devoted to serving home care agencies across New York.

Prior to joining Hodgson Russ, Emina was an appellate court attorney with the Appellate Division Fourth Judicial Department.

Emina is fluent in Serbo-Croatian.


  • Listed, Upstate New York Super Lawyers Rising Stars, 2015 - 2019
  • Finalist, HHCN Future Leaders Award (Vendors Professional Services), September 2019


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 DOH and OMIG requirements.

Defended LHCSAs in federal and state class action lawsuits alleging violations of wage and hour laws.

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.

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.




Professional Associations

  • 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