prescribes a one-year limitations period for “[a]n action upon a statute for a penalty or forfeiture,” California Code Civil Procedure Section 338 sets a three-year period for “[a]n action upon a liability created by statute, other than a penalty or forfeiture.” The plain language of California Labor Code Section 226 provides for both actual damages and penalties. Cal. Labor Code § 226(e)(1) (providing that an employee suffering injury as a result of a knowing and intentional failure to provide an accurate wage statement is entitled to the greater of (1) “actual damages” or (2) specified penalties not to exceed $4,000.00). District courts that have recently confronted the issue have come to the same conclusion. See Sarkisov v. StoneMor Partners, L.P., 2014 WL 1340762, *2 (N.D.Cal.2014) (<HOLDING>); Mouchati v. Bonnie Plants, Inc., 2014 WL
holding that federal courts apply the forum states personal injury statute of limitations for section 1983 claims recognizing that two limitations periods could apply to a claim under section 226 because it authorizes damages and penalties holding that section 14704a authorizes private actions for damages  to remedy at least some violations of the motor carrier act recognizing that rights under article i section 11 are subject to reasonable limitations holding that section 303i2b expressly authorizes a stand alone award of punitive damages