This tax would only be applied per instance of a non-compete clause, not per employee. That way the non-compete clause isn’t included unless the company gets s

This tax would only be applied per instance of a non-compete clause, not per employee. That way the non-compete clause isn’t included unless the company gets sufficient benefit from it to outweigh the tax. I would think that if the size of this tax was large enough, it would be equivalent to banning non-compete clauses, and if it was 0 it would be like doing nothing. Doesn’t this therefore allow for interpolating between “non-compete clauses are allowed” and “non-compete clauses are forbidden”?