Who counts as an employee, employer, and communication device

As used in this part: "Employee" means an individual who performs a service for wages or other remuneration under a contract for hire, written or oral, or expressed or implied. "Employee" includes: (1) A prospective employee who has applied for or otherwise actively expressed interest in employment with an employer; and (2) An individual employed by the State or a political subdivision of the State. "Employer" means a person who has one or more employees. "Employer" includes an agent of an employer or of the State or a political subdivision thereof but does not include the United States. "Employer-owned communication device" means a device allowing for electronic communications, such as a mobile phone or tablet, that is owned or whose cost is reimbursed by the employer. "Mobile application" means a type of application software designed to run on a mobile electronic device, such as a smartphone or tablet computer. "Personal communication device" means a device allowing for electronic communication, including a mobile phone and tablet, that is not owned, or the cost of which is not reimbursed, by the employer.