The American rule of costs means it doesn't matter if it's not enforceable (which actually it often is). They still have a cause of action to destroy you by the mere act of dragging you through court (and the associated legal costs). And most lowly employees aren't aware of, or willing to test, the enforceability when they get threatened by their ex employer.
The balance of power is rapidly swinging against all but the corporate elite. The Randroids will have us back to serfdom before this decade's end.