As a result of the discipline imposed on employees who participated in nationwide and local demonstrations during 2006 protesting impending legislation targeting illegal immigrants, the National Labor Relations Board has issued guidelines determining when political advocacy would be protected by the National Labor Relations Act.

The Board says that “non-disruptive political advocacy for or against a specific issue related to a specifically identified employment concern, that takes place during the employees' own time and in nonwork areas, is protected,” however, that on-duty political advocacy is subject to the employer’s “lawful and neutrally applied work rules.” Leaving or stopping work to engage in political advocacy is also subject to the employer’s work rules, and may not be a protected activity.