In July 2008, the General Counsel of the National Labor Relations Board (NLRB) issued guidelines to employers concerning employee participation in political advocacy activities and providing guidance to employers as to when disciplinary actions for these activities may be appropriate. The guidelines provide that:

Non-disruptive political advocacy for or against a specific issue, related to a specifically identified employment concern that takes place during employees' own time and in non-work areas, is protected.

On-duty political advocacy for or against a specific issue, related to a specifically identified employment concern is subject to restrictions imposed by lawful and neutrally applied work rules.

Leaving or stopping work to engage in political advocacy for or against a specific issue, related to a specifically identified employment concern may be subject to restrictions imposed by lawful and neutrally-applied work rules.

When absences to attend political rallies or demonstrations during scheduled work hours are treated in the same manner as any other unexcused absence, the employee's conduct should not be considered protected under the National Labor Relations Act or by the NLRB.

California employers are strongly encouraged to consistently apply and enforce all workplace rules and disciplinary actions, especially relating to attendance.