I am currently non-exempt and qualify for overtime when there is only a business need, last year I made a significant amount due coworker leaving on maternity leave I was asked to cover for her. The 1st QTR of this year I made some overtime, however it was only for brief time and I have gone back to working normal hours. Now for year 2011 I only made 1,100 in overtime, for 2012 I made 24K in overtime, and YTD, during 1st QTR I made 5K, my base is 66K. Given that the extra hours are not garaunteed what can I show courts to prove this so magistrate uses my base 66K as opposed to my 2012 W2 which shows a huge jump because coworker was on maternity leave. If they use my 2012 W2 to calculate and since I no longer work those hours I will be in a huge deficit, how I prove this in court?