Just burn the whole "non-compete" thing with fire nationwide as far as I'm concerned. Basically mandate that if a person is subject to a non-compete, she needs to be paid the pre-departure salary and bennies for the duration of the non-compete. Essentially, your noncompete becomes a yearlong Hawaii vacation. I'd totally go for that. Some employers, in cases where non-compete is justified, would too. And where it's not justified, fuck them with a cactus.