It seems that the same standard applies there, even if the judges in Illinois seem take liberties with it. From the first link:
"3. Question: Does an employer still need to have "adequate legal consideration" in a non-compete agreement?
Answer: Yes"
It appears they have to compensate you for the agreement. Federal courts have ruled that your wage is compensation for your regular duties and thus the non-compete compensation has to be a separate payment that is negotiable. A contract is not valid if a party receives nothing in return for it.
"Consideration to create a legally enforceable contract entails a bargained for, legal detriment incurred by the promisee OR a legal benefit to the promisor. Under the notion of "pre-existing duties", if either the promisor or the promisee already had a legal obligation to render such payment, it cannot be seen as consideration in the legal sense."
Well it doesn't stop just about every company from adding it into their employee contracts. Out of the last six jobs I've had here in Illinois, five of them had non-compete agreements, including two startups, one small business, one major corporation, and a contracting company (TekSystems).
The one job that didn't have a non-compete was a student job I held at the university while I was taking classes there.
None of them offered to pay me extra outside of the salary for 'consideration'. I've ended up switching which industry I work for with pretty much every job I've had (still software dev though), so it hasn't been an issue so far.
That being said, knowing that they're there has affected my decision making, including holding back on releasing games I developed in my spare time, to the point where I've been tempted to move to California to escape such bullshit.
"3. Question: Does an employer still need to have "adequate legal consideration" in a non-compete agreement?
Answer: Yes"
It appears they have to compensate you for the agreement. Federal courts have ruled that your wage is compensation for your regular duties and thus the non-compete compensation has to be a separate payment that is negotiable. A contract is not valid if a party receives nothing in return for it.
"Consideration to create a legally enforceable contract entails a bargained for, legal detriment incurred by the promisee OR a legal benefit to the promisor. Under the notion of "pre-existing duties", if either the promisor or the promisee already had a legal obligation to render such payment, it cannot be seen as consideration in the legal sense."
https://en.wikipedia.org/wiki/Consideration