Aspects of non-competes are not enforceable in some places--and enforcement may require payments to the ex-employee in others (e.g. MA). But some non-compete conditions are generally enforceable even in CA as I understand it (e.g. if you sell a business, you can't set up shop the next street over and contact all your former customers). But they're not illegal as far as I know.
The FTC is specifically proposing a carve-out for selling a business. So it is mentioned. The parent made a blanket statement about non-compete legality.
