The way this works is the same for nocompetes. They still put the language in your employment contract, but stipulate that the unenforceable bits (which they do

The way this works is the same for nocompetes. They still put the language in your employment contract, but stipulate that the unenforceable bits (which they don't name) don't invalidate the entire contract. That way, out-of-state contractors can still have less rights; don't worry! Of course, we might see Californian companies simply give up the practice. Your post did conjure in my mind the delightful image of an angry out-of-state contractor shouting into the phone, "Why do I have so many rights?! Why aren't I railroaded by arbitration? Why can't I be locked into a one-sided non-disparage agreement because some executive slid his hand into my pants? I'm furious at all my options here! While I'm at it, I demand you enforce a no-compete clause."