The issue is, as you mentioned, the employer does have an unfair negotiating advantage. Most employees don't have the luxury of paying lawyers (or the knowledge that this is something they should do) to look at every non-compete offer and explain the contract. Having just gone through the process, lawyers are very expensive and time consuming. Talking to people about it reveals that most people don't really understand the issue either, believing wrongly that non-competes are not enforceable. Many companies also try to hide non-competes until after you have accepted the job offer. Companies in contrast have a much easier time hiring a lawyer, as they can offer a standard non-compete to each of their potential hires. So this is an area where it makes sense for the government to step in and protect workers.