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

Colo. Rev. Stat. § 8-4-121 (2026)

Nonwaiver of employee rights

✓ current as of July 2026
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Any agreement, written or oral, by any employee purporting to waive or to modify such employee's rights in violation of this article shall be void.

Source: L. 2003: Entire article amended with relocations, p. 1862, § 1, effective August 6.

Editor's note: This section is similar to former § 8-4-125 as it existed prior to 2003, and the former § 8-4-121 was relocated to § 8-4-118.

Notes of Decisions
Cited in 15 cases (8 in the last 5 years), 2005–2026 · leading case: Carmen Nieto v. Clark's Mkt., Inc., 488 P.3d 1140 (Colo. 2021).
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Carmen Nieto v. Clark's Mkt., Inc., 488 P.3d 1140 (Colo. 2021). · cites it 12× “( 2020 ) , and any term of an agreement that purports to forfeit earned vacation pay is void, see § 8-4-121, C.R.S. ( 2020 ) . Because the court of appeals erred in concluding otherwise, we reverse.”
Cagle v. Mathers Fam. Trust, 295 P.3d 460 (Colo. 2013). · cites it 3× “We held that an arbitration provision in an employee's contract was void because a provision in the CWCA stating that "any person ... may file suit in any court" reflected the legislature's intent to allow Colorado employees to recover past due wages in court, and the…”
Adams Reload Co. v. Int'l Profit Assocs., Inc., 143 P.3d 1056 (Colo. Ct. App. 2005). · cites it 3× “2005, in the Colorado Wage Claim Act (CWCA), which provides that any employee aggrieved under that act may file a civil action in “any court having jurisdiction over the parties,” and § 8-4-121, C.R.S.2005, which provides: “Any agreement, written or oral, by any employee…”
v. Clark's Mkt., 2019 COA 98 (Colo. Ct. App. 2019). · cites it 11× “Agreements conditioning an employee’s right to compensation for accrued but unused vacation time do not run afoul of the CWCA’s anti-waiver provision, section 8-4-121, C.R.S. 2018, which protects only against waiver of rights conferred by the CWCA.”
Hallmon v. Advance Auto Parts, Inc., 921 F. Supp. 2d 1110 (D. Colo. 2013). · cites it 2× “See C.R.S. § 8-4-121 (agreements waiving or modifying employee’s rights in violation of the CWCA is void).”
Brownlee v. Lithia Motors, Inc., 49 F. Supp. 3d 875 (D. Colo. 2014). · cites it 2× “As such, I reject Plaintiffs argument that the Wage Act’s non-waiver provision at Colo. Rev. Stat. § 8-4-121 prohibits the enforcement of the choice of law and venue/forum selection provisions of the Agreements.”
Triple Crown at Observatory Vill. Ass'n v. Vill. Homes of Colorado, Inc., 328 P.3d 275 (Colo. Ct. App. 2013). · cites it 3× “2d at 1130 (holding the nonwaiver provision of the Colorado Wage Claim Act, currently section 8-4-121, C.R.S.2018, prevents enforcing arbitration term in employment agreement).”
303 Beauty v. Div. of Labor, 2025 COA 20 (Colo. Ct. App. 2025). · cites it 7× “¶9 Additionally, section 8-4-121, C.R.S. 2024, provides that “[a]ny agreement, written or oral, by any employee purporting to waive or to modify such employee’s rights in violation of this article shall be void.”
Global Air v. Chatterton (Colo. Ct. App. 2026). · cites it 10× “12(b)(5), asserting that GAMI’s claims failed as a matter of law because the separation agreement was unenforceable under the CWCA’s anti-waiver provision, section 8-4-121, C.R.S. 2025, which voids any agreement purporting to waive or modify an employee’s right to recover unpaid…”
Balle-Tun v. Zeng & Wong, Inc. (D. Colo. 2022). · cites it 6× “7 Colo. Rev. Stat. § 8-4-121 , which is part of the CWCA, provides: “Any agreement, written or oral, by any employee purporting to waive or to modify such employee’s rights in violation of this article shall be void.”
Mathers Fam. Trust v. Cagle, 297 P.3d 943 (Colo. Ct. App. 2011). · cites it 2× “2010, which contains a similar anti-waiver provision, § 8-4-121, C.R.S.2010, but, unlike the CSA, the CWCA expressly provides em *947 ployees the right to enforce its provisions "in any court having jurisdiction over the parties.”
Rmsm Ltd., f/k/a Rotating Mech. Solutions Corp., Ryan Mcguire, Scott Mcguire v. Indus. Serv. Solutions, LLC (D. Colo. 2026). · cites it 4× “causes of action: • Claim 1: Declaratory Judgment – Non-competes in the August 15, 2022 Noncompetition Agreements Supersede the Non-competes in the Employment Agreements Signed on or Around August 5, 2022; • Claim 2: Declaratory Judgment – Non-competes are Unenforceable Under…”
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