A: If you succeed in proving your claim, your employer is required to pay you three categories of compensation: (1) 100% of your back pay (2) an equal amount as a penalty, and (3) your attorney's fees and court costs. In other words, your claim could be worth more than 200% of what your overtime pay should have been. The Fair Labor Standards Act is written to discourage violations by requiring the employer to pay double the amount of overtime due. You may recover two or even three years in back wages.