Generally speaking, illegal immigrants have the same protections under labor laws as American citizens, with some minor exceptions.
Minimum Wage Laws: addition to federal laws, each state has its own minimum wage requirements; where federal and state laws differ, the higher wage applies. Minimum wage laws apply to all workers the same, regardless of immigration status. Minimum wages in the U.S. are primarily set forth by the federal government, under the Fair Labor Standards Act (“FLSA”). But virtually every state has its own minimum wage law as well. Though the federal law trumps the state law, if state law mandates greater benefits, the employer must pay the higher rate.
Importantly, the FLSA makes no exception for illegal immigrants. They’re therefore entitled the same benefits as American citizens. Currently, the FLSA minimum wage is $7.25 per hour for non-exempt employees, and the New York minimum is the same. The minimum under Illinois law is $8.25.