So does an employer have to make sure its employees actually take breaks during break period?

Although not directly related to tax issues, Doug Larsen, my colleague has an excellent post discussing the landmark Brinker case which just came out today and which will affect nearly every California employer.  The case deals with, in part, whether or not an employer is required to provide and ensure compliance with meal and rest periods, or whether the employer is required only to make them available to employees.