A recent case before the Fifth Circuit Court of Appeals 1 determined that a "Project Completion Incentive" applying to employees on a construction project (the "Plan") was not governed by the Employee Retirement Income Security Act of 1974 ("ERISA"). 2 Former laborer Employees of the construction manager Employer filed a lawsuit in Louisiana State Court asserting that the Employer was required to pay them the "Project Completion Incentive" under the Plan for the time spent on the project-despite conceding that they quit the project before completion and were therefore not eligible for the incentive under the Plan terms. 3 The Employees asserted that the