""" Under the final rule, existing noncompetes for senior executives can remain in force. Employers, however, are prohibited from entering into or enforcing new noncompetes with senior executives. The final rule defines senior executives as workers earning more than $151,164 annually and who are in policy-making positions. """

Given in tech industry / FANG, most people earn above the $151,164 I wonder how they define "policy-making positions" ?

As I read the above sentence I understand that this is a binary and and not an either you earn that much or are in policy making positions?