As noted by our colleagues at, California’s highest court has scheduled oral argument in the Brinker Restaurant Corporation litigation, addressing the state’s meal and rest requirement, for November 8, 2011.  By rule, the Court must issue its decision within 90 days of oral argument, or, by February 6, 2012.  The decision should provide long-awaited clarity on the issue of whether employers must “ensure” meal periods are taken or whether they must only be made “available,” which has spawned years of expensive litigation both prior to and following the Court of Appeal’s 2008 ruling in Brinker Restaurant Corp. v. Superior Court, 165 Cal. App. 4th 25 (Cal. App. 4th Dist. 2008), the California Supreme’s Court’s acceptance of the appeal and consolidation with other Court of Appeal cases.