Work time is compensable but not commuting time. This is true no matter the length of the commute. The fact is that most employment relationships are "at will". This means that an employer can set the terms and conditions of work much as it sees fit. This includes having an employee make a 40 mile commute. This is true unless this action violates an employment contract or union agreement or constitutes some form of legally actionable discrimination. Basically, your choices are to comply and drive the distance, complain and risk termination, or quit.