Colo. Rev. Stat. » Title 8
Colorado Revised Statutes

Colo. Rev. Stat. § 8-4-104 (2026)

Funds available to pay wages - mining industry

✓ current as of July 2026
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Every person, firm, association, corporation, or agent, manager, superintendent, or officer thereof engaged in the business of extracting or of extracting and refining or reducing metals or minerals other than petroleum, or other than parties having a free unencumbered title to the fee simple of the property being worked, and also other than mining partnerships in respect to the members of the partnerships, shall, before commencing work in any period for which a single payment of wages is to be made, have on hand, either physically or by deposit with a bank or trust company in the county where such property is located or, if there is no bank or trust company in the county, in the bank or trust company nearest the property, cash or readily salable securities of a market value equivalent to such cash, or accounts receivable payable in the normal course of business prior to the next payday, in a sufficient amount to make the payment of wages without discount or loss to any person employed on the mining property for such period.

Source: L. 2003: Entire article amended with relocations, p. 1854, § 1, effective August 6.

Editor's note: This section is similar to former § 8-4-103 as it existed prior to 2003, and the former § 8-4-104 was relocated to § 8-4-109.

Notes of Decisions
Cited in 48 cases (1 in the last 5 years), 1975–2025 · leading case: Jet Courier Serv., Inc. v. Mulei, 771 P.2d 486 (Colo. 1989).
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Jet Courier Serv., Inc. v. Mulei, 771 P.2d 486 (Colo. 1989). · cites it 56× “Mulei filed suit against Jet in Denver District Court on March 10, 1983, the same day he was fired, seeking principally to recover unpaid compensation and penalties on such unpaid amounts pursuant to section 8-4-104, 3B C.R.S. (1986), and further seeking a declaratory judgment…”
Leonard v. McMorris, 63 P.3d 323 (Colo. 2003). · cites it 45× “The Wage Claim Act sets forth the employing entity's duty to make periodic payments in section 8-4-105(1): All wages or compensation, other than those mentioned in section 8-4-104, earned by any employee in any employment, other than those specified in subsection (3) of this…”
Lee v. Great Empire Broad., Inc., 794 P.2d 1032 (Colo. Ct. App. 1989). · cites it 18× “By failing to pay this sum to plaintiff at the time of his termination, defendant became liable to him for the statutory penalty under § 8-4-104, C.R.S. (1986 Repl.Vol. 3B). In addition, since it was necessary for plaintiff to institute suit to collect this amount, defendant was…”
Leonard v. McMorris, 106 F. Supp. 2d 1098 (D. Colo. 2000). · cites it 28× “” Colo.Rev.Stat. § 8-4-104(1). Under the Wage Act, “employer” means “every person, firm, partnership, association, corporation, migratory field labor contractor or crew leader, receiver, or other officer of court in Colorado, and any agent or officer thereof, of the above…”
Hartman v. Cmty. Responsibility Ctr., Inc., 87 P.3d 202 (Colo. Ct. App. 2003). · cites it 18× “As to the issue of entitlement to a statutory penalty under the former § 8-4-104, the supreme court indicated that the trial court should determine on remand whether the existence of the claims for breach of duty of loyalty by the employee constituted a good faith legal…”
Cusimano v. Metro Auto. Inc., 860 P.2d 532 (Colo. Ct. App. 1993). · cites it 12× “The trial court entered judgment against Metro for $15,000 in unpaid wages and the statutory penalty under § 8-4-104, and $11,500 in attorney fees under § 8-4-114, C.”
Hofer v. Polly Little Realtors, Inc., 543 P.2d 114 (Colo. Ct. App. 1975). · cites it 20× “Thus § 8-4-104, C.R.S.1973, creates a right in an employee under one set of circumstances together with a cause of action for a penalty, while § 8-4-105, C.”
Technical Comput. Servs., Inc. v. Buckley, 844 P.2d 1249 (Colo. Ct. App. 1992). · cites it 6× “After his discharge by TCSI during the contract term, Buckley filed a complaint in county court seeking the next installment of pay due to him under the employment contract, plus an amount he claimed was fully earned and owed to him at the time of his termination, together with…”
Porter v. Castle Rock Ford Lincoln Mercury, Inc., 895 P.2d 1146 (Colo. Ct. App. 1995). · cites it 8× “Section 8-4-104(1), C.R.S. (1994 Cum.Supp.”
Koontz v. Rosener, 787 P.2d 192 (Colo. Ct. App. 1990). · cites it 5× “Section 8-4-114 mandates an award of reasonable attorney fees incurred by the winning party in actions for recovery of compensation for labor or service, pursuant to § 8-4-104, C.R.S. (1986 Repl.Vol. 3B), and provides that such fees are “to be taxed as part of the costs of the…”
Mulei v. Jet Courier Serv., Inc., 739 P.2d 889 (Colo. Ct. App. 1987). · cites it 7× “Mulei filed suit against Jet, seeking a declaratory judgment that the noncompetition covenant was invalid, and also seeking unpaid compensation and penalty pursuant to § 8-4-104, C.R.S. Jet counterclaimed against Mulei for breach of contract, breach of fiduciary duty, and…”
Rohr v. Ted Neiters Motor Co., 758 P.2d 186 (Colo. Ct. App. 1988). · cites it 6× “That section provides: “Whenever it is necessary for an employee to commence a civil action for the recovery or collection of wages and penalties due as provided by sections 8-4-104 and 8-4-105, the judgment in such action shall include a reasonable attorney fee in favor of the…”
Show all 48 citing cases →
— Colo. Rev. Stat. § 8-4-104(1) — 14 cases
Jet Courier Serv., Inc. v. Mulei, 771 P.2d 486 (Colo. 1989). “Mulei filed suit against Jet in Denver District Court on March 10, 1983, the same day he was fired, seeking principally to recover unpaid compensation and penalties on such unpaid amounts pursuant to section 8-4-104, 3B C.R.S. (1986), and further seeking a declaratory judgment…”
Lee v. Great Empire Broad., Inc., 794 P.2d 1032 (Colo. Ct. App. 1989). “By failing to pay this sum to plaintiff at the time of his termination, defendant became liable to him for the statutory penalty under § 8-4-104, C.R.S. (1986 Repl.Vol. 3B). In addition, since it was necessary for plaintiff to institute suit to collect this amount, defendant was…”
Leonard v. McMorris, 106 F. Supp. 2d 1098 (D. Colo. 2000). “” Colo.Rev.Stat. § 8-4-104(1). Under the Wage Act, “employer” means “every person, firm, partnership, association, corporation, migratory field labor contractor or crew leader, receiver, or other officer of court in Colorado, and any agent or officer thereof, of the above…”
Technical Comput. Servs., Inc. v. Buckley, 844 P.2d 1249 (Colo. Ct. App. 1992). “After his discharge by TCSI during the contract term, Buckley filed a complaint in county court seeking the next installment of pay due to him under the employment contract, plus an amount he claimed was fully earned and owed to him at the time of his termination, together with…”
Porter v. Castle Rock Ford Lincoln Mercury, Inc., 895 P.2d 1146 (Colo. Ct. App. 1995). “Section 8-4-104(1), C.R.S. (1994 Cum.Supp.”
— Colo. Rev. Stat. § 8-4-104(1)(a) — 2 cases
Leonard v. McMorris, 63 P.3d 323 (Colo. 2003). “The Wage Claim Act sets forth the employing entity's duty to make periodic payments in section 8-4-105(1): All wages or compensation, other than those mentioned in section 8-4-104, earned by any employee in any employment, other than those specified in subsection (3) of this…”
Major v. Chons Bros., Inc., 53 P.3d 781 (Colo. Ct. App. 2002).
— Colo. Rev. Stat. § 8-4-104(1)(b) — 1 case
Hartman v. Cmty. Responsibility Ctr., Inc., 87 P.3d 202 (Colo. Ct. App. 2003). “As to the issue of entitlement to a statutory penalty under the former § 8-4-104, the supreme court indicated that the trial court should determine on remand whether the existence of the claims for breach of duty of loyalty by the employee constituted a good faith legal…”
— Colo. Rev. Stat. § 8-4-104(2) — 8 cases
Jet Courier Serv., Inc. v. Mulei, 771 P.2d 486 (Colo. 1989). “Mulei filed suit against Jet in Denver District Court on March 10, 1983, the same day he was fired, seeking principally to recover unpaid compensation and penalties on such unpaid amounts pursuant to section 8-4-104, 3B C.R.S. (1986), and further seeking a declaratory judgment…”
Hartman v. Cmty. Responsibility Ctr., Inc., 87 P.3d 202 (Colo. Ct. App. 2003). “As to the issue of entitlement to a statutory penalty under the former § 8-4-104, the supreme court indicated that the trial court should determine on remand whether the existence of the claims for breach of duty of loyalty by the employee constituted a good faith legal…”
Barnes v. Van Schaack Mortg., 787 P.2d 207 (Colo. Ct. App. 1990).
Tucker v. Ellbogen, 793 P.2d 592 (Colo. Ct. App. 1989).
Lee v. Great Empire Broad., Inc., 794 P.2d 1032 (Colo. Ct. App. 1989). “By failing to pay this sum to plaintiff at the time of his termination, defendant became liable to him for the statutory penalty under § 8-4-104, C.R.S. (1986 Repl.Vol. 3B). In addition, since it was necessary for plaintiff to institute suit to collect this amount, defendant was…”
— Colo. Rev. Stat. § 8-4-104(3) — 23 cases
Jet Courier Serv., Inc. v. Mulei, 771 P.2d 486 (Colo. 1989). “Mulei filed suit against Jet in Denver District Court on March 10, 1983, the same day he was fired, seeking principally to recover unpaid compensation and penalties on such unpaid amounts pursuant to section 8-4-104, 3B C.R.S. (1986), and further seeking a declaratory judgment…”
Leonard v. McMorris, 63 P.3d 323 (Colo. 2003). “The Wage Claim Act sets forth the employing entity's duty to make periodic payments in section 8-4-105(1): All wages or compensation, other than those mentioned in section 8-4-104, earned by any employee in any employment, other than those specified in subsection (3) of this…”
Leonard v. McMorris, 106 F. Supp. 2d 1098 (D. Colo. 2000). “” Colo.Rev.Stat. § 8-4-104(1). Under the Wage Act, “employer” means “every person, firm, partnership, association, corporation, migratory field labor contractor or crew leader, receiver, or other officer of court in Colorado, and any agent or officer thereof, of the above…”
Rohr v. Ted Neiters Motor Co., 758 P.2d 186 (Colo. Ct. App. 1988). “That section provides: “Whenever it is necessary for an employee to commence a civil action for the recovery or collection of wages and penalties due as provided by sections 8-4-104 and 8-4-105, the judgment in such action shall include a reasonable attorney fee in favor of the…”
Porter v. Castle Rock Ford Lincoln Mercury, Inc., 895 P.2d 1146 (Colo. Ct. App. 1995). “Section 8-4-104(1), C.R.S. (1994 Cum.Supp.”
— Colo. Rev. Stat. § 8-4-104(8) — 1 case
Hartman v. Cmty. Responsibility Ctr., Inc., 87 P.3d 202 (Colo. Ct. App. 2003). “As to the issue of entitlement to a statutory penalty under the former § 8-4-104, the supreme court indicated that the trial court should determine on remand whether the existence of the claims for breach of duty of loyalty by the employee constituted a good faith legal…”
— Colo. Rev. Stat. § 8-4-104(l)(a) — 1 case
Leonard v. McMorris, 63 P.3d 323 (Colo. 2003). “The Wage Claim Act sets forth the employing entity's duty to make periodic payments in section 8-4-105(1): All wages or compensation, other than those mentioned in section 8-4-104, earned by any employee in any employment, other than those specified in subsection (3) of this…”
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