The ban excludes people making over 151k and that are in policy-making positions. Won't apply to most pod associates, but I could see a few owners claiming that an associate was giving input into clinic decisions and trying to still enforce the ban.
That is under 1% of non-owner/partner podiatrists, though... any DPM employed MSG or hospital is still just a hospital/corporate yes-man.
A pod would have to somehow be hospital CEO or CMO - or at least chief of pod or chief of surgery - to even be considered to possibly fit that description (still debatable). They'd basically have vote at policy meetings, re-write dept and facility bylaws, get profit-sharing, stock shares, etc tied to productivity of the hospital/corp... which almost no DPMs do receive.
Any associate in PP is obviously not a decision maker and is now free as a bird. That'd be easy for any attorney to squash.
"Partners" for PP/MSG without true ownership and true DM abilities and true profit sharing (the "partners" who basically just bought a higher % of their collections and ancillary services the group owns) could also probably go solo nearby with no regard for non-compete after this ruling, but most such partners are likely ok where they are (doing a good bit better than avg DPM).
Not sure if "clinic decisions" would equate to "policy-making" unless they were a partner. I think this ruling at the very least would strengthen negotiating power for associates, IF it stands.
I agree. All pod PP associates (or 99% of DPMs who are MSG/hosp employees) are free to go.
It'd be worth doing a quick
consult with a local employment attorney, but the jail cell is now open for 99.x% of any employed DPMs wanting to go to a competitor or start their own practice.
The loophole will likely close by the end of the year or much sooner, though.
By the time most employed pods with a non-compete realize this, get the confidence and means to take advantage, and make a plan.... it'll probably be gummed up in a lawsuit from US COC vs FTC. Clear communication and individual area attorney review is the key.