Since 2008, the California Supreme Court has been expected to answer the question, in Brinker Restaurant v. Superior Court, whether the California Labor Code requires employers to provide meal and rest periods by simply making them available to employees (even if employees do not take their breaks), or whether employers must ensure that employees actually take their breaks. Not willing to wait for the Supreme Court's decision, a California court of appeal held in Hernandez v. Chipotle Mexican Grill, Inc. that employers need only provide the breaks and not ensure that employees take their breaks. The court explained that to force employers to ensure breaks are taken would place an undue burden on employers and create "perverse incentives" to employees to violate company break policies in order to receive extra compensation for breaks not taken. The final word on this issue from the California Supreme Court remains pending.