Hello and thank you for entrusting me to answer your question. I am very sorry to hear about your husband's difficult employment situation.
It is not illegal for an employer to pay employees on a pure commission basis. However, unless the employee's job falls within one of the limited exemptions from overtime as prescribed by state and federal law, the employee must be paid overtime for all hours worked in excess of 8 per day or 40 per week. (The commission wages must also not fall below minimum wage when averaged out by the number of hours worked, though this doesn't apepar to be an issue for your husband.)
See here for a summary of potential exemptions from overtime: http://www.dir.ca.gov/dlse/faq_overtimeexemptions.htm
Based on the facts you have described, the only potentially applicable exemption would be the "outside salesperson" exemption, which exempts from overtime employees who engage primarily in sales away from the employer's premises. However, you indicate that while your husband engages in sales, this is not his primary duty, and so this exemption is unlikely to apply.
If your husband is not exempt from overtime, he would be entitled to overtime for all hours in excess of 8 per day or 40 per week. Overtime would be at a rate of either 1.5 times his "regular rate" (the regular rate being his draw divided by 80 hours), or 2 times his regular rate, depending on how many hours in excess of 8 per day or 40 per week he actually worked. See here for more information: http://www.dir.ca.gov/dlse/faq_overtime.htm
If your husband's employer is not complying with these guidelines, an individual in your husband's circumstance would have a claim for unpaid wages which he could pursue through the Department of Labor Standards Enforcement. His employer would also be legally prohibited from retaliating against him for making such a claim. To file a wage claim with the DLSE, visit this link: http://www.dir.ca.gov/dlse/howtofilewageclaim.htm
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Finally, please bear in mind that none of the above constitutes legal advice nor is any attorney client relationship created between us.
Very best wishes and happy holidays to you.