Difficult to defend "as practiced". For example trying to enforce a non-compete for sandwiches is ridiculous. There are obvious scenarios in competitive indust

Difficult to defend "as practiced". For example trying to enforce a non-compete for sandwiches is ridiculous. There are obvious scenarios in competitive industries where losing key people to competitors creates risks for everyone involved (not just the losing employer). The problem is when employers expect the individual employee to absorb the costs to mitigate that risk. Or where the non-competes are applied overbroadly. Rather than ban non-competes, it would be better to require compensation for the term of the non-compete. This prevents frivolous applications of non-competes, which is the actual problem.