On Tuesday, November 8, 2011, the California Supreme Court heard oral arguments on the Brinker case, which will determine whether or not employers are required to merely make meal and rest periods available to their employees, or ensure that the employees are in fact taking their breaks. This decision will be the conclusion of eight years of pending litigation against Brinker International, which operates restaurant chains, for the company’s alleged failure to provide meal and rest periods to its employees as required under California law. The Court must issue its decision within 90 days of the oral arguments.