For the non compete ban, is startup equity part of executive comp?

This week there was a ban issued on non competes. But, workers making over 151k and holding a policy making position are not included. Lets say you make 150k base, and hold an equity grant on a startup whose valuation was done via a SAFE. Is the 150k + significant paper equity (whose value is probably zero), enough to push you over the 151k threshold?

Whats stopping venture backed founders from leaving their startups and bootstrapping fresh on the same idea?