Thanks for your the response we're really worked up about this.

i don't think he ever meet the criteria to be nonexempt but they treated him as exempt

One, was his absence covered by FMLA?
he never filled out any paper work or anything but they knew about his surgery and told him to do it as fast as possible as he could be back for the holidays since thats there busiest time. He meets all the criteria to be covered.

Two, when he was "salaried" (which is merely a pay method), was his salary ever actually docked (not just charged out to vacation or sick time) because he worked fewer than 50 hours?

The only event close to that happening was he was sick earlier this year and off work a couple days and they didn't pay him for that. This place works their employees like dogs. The employeer took away all sick days and vaction time away from there employees about 30 days before my husbands would of kicked in.

I don't think he ever meet the criteria to be exempt but they treated him as exempt.

Thank You