The NLRB's General Counsel seeks to have the Board rule that nearly all non-compete provisions in employment agreements are unlawful unless they are "narrowly tailored to address special circumstances justifying the infringement on employee rights."
[Press Release]
[Memo to Regional Directors]

The Board already applies a similar standard to provisions in severance agreements.

Going after non-competes in current employment agreements - not only in severance agreements - is a big leap. I expect the Board to eventually buy in, so be prepared.